E 



RULES AND REGULATIONS 




CONOKRXIXC; 



VIMERCIAL INTERCOURSE 



wiTrr ANit IN 



STATES AND PARTS OF STATES DECLARED IN 
INSURRECTION, 

THE COLLECTION, KECEIPT, AND DISPOSITIOX 



CAPTURED, ABANDONED, AND CONFISCABLE 

PROPERTY, 



THE EMPLOYMENT AND GENEEAL WELFAPvE OF 



FREEDMEN. 



?r,K«rrjnET) «y the secretary of the treasury, with the approval of the puest- 

UENT, IN PURSUANCE OF THE SEVERAL ACTS OF CONGRESS IN RELATION 
TO THOSE SUBJECTS, AND APPENDED HERETO. 

WASHINGTON: 

JULY 29, 1804. 



^ 




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RULES AND REGULATIONS 



CONCERNING 



COMMERCIAL INTERCOURSE 



WITH AND IN 



STATES AND PARTS OF STATES DECLARED IN 
INSURRECTION, 

THE COLLECTION, EECEIPT, AND DISPOSITION 



CAPTURED, ABANDONED, AND CONFISCABLE 

PROPERTY, 



THE EMPLOYMENT AND GENEPvAL WELFAKE OF 



FREEDMEN. 



■<^ 



PRESCRIBED BY THE SECRETARY OF THE TREASURY, WITH THE APPROVAL OF THE PRESI- 
DENT, IN PURSUANCE OF THE SEVERAL ACTS OF CONGRESS IN RELATION 
TO THOSE SUBJECTS, AND APPENDED HERETO. 

WASHINGTON": 

JULY 29, 18G4. 



LI- 'So 
.,U.& I g 



NOV 19 1908 

D. 01 a 



CONTENTS 



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Paof.. 

President's Approval and License 5 

General Regulations 7 

Regulations concerning Commercial Intercourse 11 

Regulations concerning Abandoned, Captured, and Confiscable Personal 

Property 31 

Regulations concerning Abandoned Lands, Houses, and Tenements ... 39 

Regulations concerning Freedmen 43 

Order of the Secretary of War 49 

Order of the Secretary of the Navy 53 

Order of the Quartermaster General 57 

Proclamation of the President, August 16, 1861 59 

Proclamation of the President, July 1, 1862 60 

Proclamation of the President, March 31, 1863 61 

Act to Regulate the Collection of Duties on Imports and Tonnage ... 63 

Act concerning Commercial Intercourse, July 13, 1861 64 

Act supplementary to Intercourse Act, May 20, 1862 67 

Act to suppress Insurrections, to prevent Treason and Rebellion, to Seize 

and Confiscate the Property of Rebels, and for other purposes ... 68 

Act concerning Abandoned and Captured Property, March 12, 1863 . . 71 

Act in addition to the several Acts concerning Commercial Intercourse be- 
tween loyal and insurrectionary States, and to provide for the Collec- 
tion of Captured and Abandoned Property, and the prevention of 

Frauds in States declared in insurrection 73 



Executive Mansion, 
Washington, July 30, 1864. 

The following Regulations of the Secretary of the Treasury, having 
been seen and considered by me, are hereby approved : and commer- 
cial intercourse, in the cases and under the restrictions described and 
expressed in the Eegulations, is licensed and authorized ; and all 
officers and privates of the regular and volunteer forces of the United 
States, and officers, sailors, and marines in the Naval service, will ob- 
serve the said Regulations and the provisions of the several acts of 
Congress appended thereto, to which they relate, and will render all 
assistance not incompatible with military or naval operations, to offi- 
cers and Agents of the Treasury Department executing the same. 

ABRAHAM LINCOLIN'. 



I 



GENERAL REGULATIONS. 



These Regulations, and the several Acts of Congress authorizing 
them, shall be executed and carried into efiect, under direction of the 
Secretary of the Treasury, by the following officers: 

A General Agent, 

Supervising Special Agents, 

Assistant Special Agents, 

Local Special Agents, 

Agency Aids, 

Officers of the Customs designated by the Secretary, and 

Superintendents of Freedmen. 

Air officers appointed under these Regulations are authorized to 
administer oaths required in the performance of their official duties. 

The General Agent and the Supervising and Assistant Special 
Agents will be appointed by the Secretary of the Treasurj^ ; Local 
Special Agents and Agency Aids will be appointed by the Supervis- 
ing Special Agents or Assistant Special Agents, as under Regulation 
XXVn, subject to the approval of the Secretary. 

It shall be the duty of the General Agent, under the direction of 
the Secretary of the Treasury, to cause these Rules and Regulations 
to be properly and uniformly enforced in all States and parts of States 
declared in insurrection, and all Officers and Agents, appointed to 
perform duties under them, will comply with the instructions of the 
General Agent in regard thereto, until otherwise directed by the Sec- 
retary of the Treasury. 

To facilitate the execution of the annexed Regulations, insurrec- 
tionary States and parts of States are hereby divided into districts 
called Special Agencies, distinguished numerically, and described as 
follows : 

The First Special Agency comprises that part of the Valley of the 
Mississippi lying west of the Alleghany mountains and east of the 
mouth of the Tennessee river, and extending southwardly to in- 
clude so much of the States of Alabama, Georgia, North Carolina,. 



8 

and Virginia as is, or shall be occupied by national forces operating 
from the Korth. 

The Second Special Agency comprises so much of the Mississippi 
Valley as lies west of the mouth of the Tennessee river, including 
West Tennessee, the State of Arkansas, and so much of the States 
of Mississippi and Louisiana as is, or shall be occupied by national 
forces operating from the ITorth. 

The Third Special Agency comprises so much of the States of 
Louisiana, Mississippi, Alabama, and the west part of Florida, as is, 
or shall be occupied by national forces operating from the South. 

The Fourth Special Agency comprises the State of Texas. 

The Fifth Special Agency comprises the South and East part of 
Florida, including Key West, the State of South Carolina, and so 
much of the State of Georgia as is, or shall be occupied by national 
forces operating from the South. 

The Sixth Special Agency comprises the State of North Carolina, 
excepting so much thereof as lies north of Albemarle Sound and east 
of Chowan river. 

The Seventh Special Agency comprises that section of country ly- 
ing east of the Alleghany mountains, and extending southwardly 
to include so much of the State of North Carolina as lies north of 
Albemarle Sound and east of Chowan river. 

Additional Special Agencies, if established, will be numerically 
designated in the order of their establishment ; and*if the boundaries 
of Agencies already established shall be changed, due notice thereof 
will be given. 

Supervising Special Agents will supervise within their respective 
Agencies the execution of the Regulations, under the direction of 
the General Agent, and will make and, from time to time, change 
such Local Rules not inconsistent with them as may be proper for 
that purpose, and temporarily suspend or qualify the authority to 
grant permits for supplies, as the public interest shall require, subject 
to the approval of the General Agent, or of the Secretary of the Treas- 
ury : and they will confer with Generals commanding Departments, 
or, when such conference is impracticable, with Generals command- 
ing Divisions or Districts, and with Naval officers commanding within 
the Agency under their supervision, and obtain, as far as practicable, 
their sanction to such action as may affect military or naval move- 
ments. 

The Assistant and Local Special Agents, Agency Aids, and Officers 
of the Customs above referred to, will communicate directly with 
the Supervising Special Agent of the Agency to which they may be 
assigned upon all questions affecting the discharge of their duties 
under the Regulations. The several Supervising Special Agents 
will reply to these communications, except where they regard the 
intervention of the Department necessary, when they will transmit 



them, and all papers relating- to them, with such recommendations 
as they may think proper, to the Secretary of the Treasury, and will 
keep the Department advised of their action in all matters pertaining 
to the execution of their duties. 



W. P. FESSEi^DEN, 

Secretary of the Treasury. 



Dated Washington July 29th, 1864. 



COMMERCIAL INTERCOURSE. 



RULES AND REGULATIONS 

UNDER THE SEVERAL ACTS OF CONGRESS PROHIBITING OR RESTRICTING 
COMMERCIAL INTERCOURSE WITH AND IN STATES AND PARTS OF STATES 
DECLARED TO BE IN INSURRECTION, AND IN PORTIONS OF LOYAL STATES 
IN DANGEROUS PROXIMITY THERETO. 

PERMITS. 

I. No goods, wares, or merchandise will be allowed to be trans- 
ported to, from, or within any State or part of a State under restric- 
tion, or declared in insurrection, except under permits, certificates, 
and clearances, as hereinafter provided. 

PERMIT OFFICERS. 

n. The ofiicers of the Treasury Department to be authorized un- 
der instructions from the Secretary to permit supplies to be trans- 
ported to loyal persons residing in insurrectionary States or parts of 
States, or in restricted districts of loyal States with which commer- 
cial intercourse has been, or may be licensed by the President, under 
,rlegulations of the Secretary of the Treasury, are the Surveyors of 
Customs at Pittsburg, Wheeling, Cincinnati, Madison, Louisville, 
New Albany, Evansville, Paducah, Cairo, Quincy, St. Louis, Nash- 
ville, Memphis, and Baltimore ; the Collectors of Customs at Boston, 
New York, Philadelphia, Georgetown, Alexandria, Beaufort in North 
Carolina, Port Royal in South Carolina, Brownsville, and New Or- 
leans. Other ofiicers will be designated to grant permits should the 
public interests require it ; and the ofiicers above named will respect- 
ively grant permits to such ports, places or districts only as shall be 
designated 'in the letter of instructions from the Secretary of the 
Treasury. 

INTERCOURSE BEYOND MILITARY lilNES PROHIBITED. 

m. Commercial intercourse with localities beyond the lines of ac- 
tual military occupation by the United States forces is absolutely pro- 
hibited; and no permit will be granted for the transportation of any 
property to any place under the control of insurgents against the 
United States. 

lilNES OF MII-ITARY OCCUPATION. 

IV. Each Supervising Special Agent will ascertain from the pub 



12 COMMERCIAL INTERCOURSE. 

lislicil onlor of the Ocnoral commanding the Department or District 
embracing his agency, the lines of actual occupation by the military 
forces of the Unitecl States, and will confer with the Department 
commander, and agree with him in writing, as to the place or places, 
within those lines in his Agency, to which supplies may be taken 
for the loyal residents therein, and the aggregate amount which may 
be taken monthly to each of such places. Having so ascertained 
and agreed, he will promptly communicate the facts to the Secretary 
of the Treasury, and to the officers authorized to grant permits to the 
district so occupied. 

SrPPJLY STORES. 

V. Supply stores at places agreed upon by the Commanding Gen- 
eral of the Department and the proper Supervising Special Agent, 
ma}^ be established by such loyal persons as the Supervising Special 
Agent or Assistant Special Agents shall designate for that purpose. 
But the monthly amount agreed upon, as aforesaid, shall in no case 
be exceeded, and the maximum amount that any individual oriirm 
may be permitted to take there for sale shall not exceed $3,000 per 
month, except in cities with a population over twenty thousand, and 
except in cases where the Commanding General of the district, for 
military reasons, requests it to be larger, in which cases all persons 
trading there shall be equally aftected thereby, and no person shall 
be interested in more than one store. 

APPLICATION FOR SUPPLY STOR£S. 

VI. Any person desiring to establish a supply store at any place 
above provided, may make application in writing to the proper 
Supervising or Assistant Special Agent, who shall file the applica- 
tion, and record the name of each applicant with the date of appli- 
cation, in a book to be kept by him for that purpose ; and all 
favoritism in granting the authorities so applied for shall be pre- 
vented as, far as possible, by Local Rules of the proper Supervising 
Special Agents. Xo application made prior to military occupation 
will be considered. 

ArPLICATION FOR ArTHORITY TO ESTABLISH A SUPPLY STORK. 

,is 

To , Special Agent, Agency: 

Sir : , the undersigned, make application for authority to establish a Supply 

Store at , in the county of , and State of , under the regula- 
tions prescribod July 20, IScU, by the Secretary of the Treasury, concerning commercial 
iutercoui-so with and in States declared in insurrection. 

Respectfully, yours, 

AFFIDAVIT OF APPLICANT FOR SVPPLY STORE. 

Each applicant shall make and tile with his application an affidavit 
in the following form : 

" I of ,in the county of , 

and State of , being duly sworn, on oath or affirmation say, that I am 

a citiien of the United States, {native born or naturalUed, aa the case mat/ be,) and that I 



COMMERCIAL INTERCOURSE. 13 

am in all respects true and loyal to the Government thereof; that I always have faith- 
fully conformed and will, at all times, faithfully conform to the Proclamations and orders 
of the President of the United States, and the military Governors and Generals exercising 
authority under him, and to Departmental Regulations authorized by law ; and that I have 
aided and will, at all times, aid, by my conversation and conduct, and by every other means 
I can properly use in suppressing the rebellion, and restoring obedience to the Constitu- 
tion and laws of the United States. 

Subscribed and sworn before "I 
me this day of , I8 . J 

NO AUTHORITY GRANTJflD "WITHOUT AFFIDAVIT. 

VII. No authority to sell supplies, at any place in a State or 
part of State declared in insurrection, shall be i^ivcn to any person 
who shall not accompany his application with the above affidavit taken 
before a competent officer. 

AUTHORITY FOR SUPPIiY STORE. 

VIII. When authority shall be given to any person to establish a 
supply store at any place as above provided, it shall be in the fol- 
lowing form : 

, of the county of , and 

State of , having applied tome for authority to establish a Supply 

Store at , in the county of and State of 

, and having made and attached to application the 

prescribed affidavit, and executed, a bond to the United States in a penalty and with 

sureties approved by me, I hereby authorize the said 

to establish a Supply Store at , in the county of , 

and State of , and, under proper permits, to Cransport to and sell at 

said store, goods, wares, and merchandise, not prohibited, to an amount not exceeding 
dollars ($ ) per month. 

This authority is given subject to revocation at any time by the Supervising Special 
Agent of this Agency. 

Dated at , this day of , 18.... 

BOND OF APPLiICAi^lT FOR SUPPIiY STORE. 

IX. Before the delivery of the authority above provided for, the 
applicant shall execute and deliver to the Agent a bond to the United 
States, in a penalty of twice the monthly amount authorized, with 
sureties to be approved by such Agent, which bond shall be in the 
following form: 

Know all men by these presents, That we, , 

of , as principal, and , 

of , and of > 

as sureties, are held and firmly bound unto the United States of America in the sum of 

dollars, (.f ,) to be paid to the United States of America; 

for which payment, well and truly to be made, we bind ourselves, our heirs, executors, 
and administrators, jointly and severally, firmly by these presents. Sealed with our 

seals, and dated this day of , in the year one thousand 

eight hundred and 

Whereas, the said has applied for and received authority to es- 
tablish a Supply Stoke at , in the county of , 



14 COMMERCIAL INTERCOURSE. 

and State of , under the licenge of the President and the regula- 
tions prescribed by the Secretary of the Treasury, July 29, 1864. 

The condition of the above obligation is such, That if the said 

shall not transport goods to anyplace other than such Supply Stoke, 

nor engage, directly or indirectly, in any prohibited trade ; and if no part of the goods 

transported by shall, with knowledge or assent, or by 

connivance, be so used or disposed of as to give aid or encouragement to 

the insurgents ; and if no military, naval, or civil officer, or person prohibited by law 
from trading, or receiving, or expecting profit or advantage from trade in an insurrec- 
tionary State, shall be interested, directly or indirectly, in any sale made from said 
store ; and if no goods, wares, or merchandise are sold or disposed of at said store, or 
other act done by him, or by others acting under his authority, in violation of any regu- 
lation of the Secretary of the Treasury, or local rule of the Supervising Special Agent, 
then the above obligation to be void, otherwise to remain in full force and effect. 

Signed, sealed, and delivered "1 , [l. s.] 

in presence of — j , [l. s.] 

RECORDS OF AUTHORITIES. 

X. Records shall be kept in the office of each Supervising and 
District Agency, in which every authority granted therein shall be 
recorded, with the locality of the supply store, the name of the party 
authorized, and his sureties with their respective residences, the date 
and monthly amount of the authority, and the date and amount of 
each shipment of goods authorized. And whenever a party author- 
ized to sell, as aforesaid, shall desire to transport supplies to his store, 
he shall file, with the Supervising or Assistant Special Agent, in 
charge of the record of his authority, an application for such supplies, 
with a full memorandum thereof. Whereupon such agent may, if 
he knows no reason why he should not, give the applicant a certifi- 
cate in the following form: 

CERTIFICATE FOR SUPPLIES. 

This certifies that is duly authorized to sell supplies to loyal 

persons at , and that he may be permitted to ship to that place, 

during the month of , supplies included in the annexed memorandum to the 

amount of $ 

The Permit Officer to whom this certificate is presented, if the party holding it desires 
to ship only a part of the amount named therein, will indorse upon the certificate the 
date and amount of the permit, and will give the holder a certified copy of the original 
certificate with his indorsement thereon, retaining the original as his authority for the 
permit. 

And the officer granting a permit on the certified copy will, in like manner, indorse 
upon it the date and amount of his permit, and give a certified copy of the certificate 
and indorsements as certified, and so on until the amount of the original certificate is 
exhausted ; so that the stock permitted to, and transported by the trader, each month, shall 
not exceed the amount above named. No permit will be granted upon this certificate 
after the close of the month of , 18 

Dated at , this day of , 18 

, Sjjecial Agent. 

To which certificate he shall annex a copy of the memorandum so 
filed with him, countersigned w'ith his approval. 



COMMERCIAL INTERCOURSE. 



15 



PERMIT FOR SUPPliY STORE. 



XI. Upon presentation of the above certificate, or the certified 
copies thereof as provided, together with the application, copies, in- 
voices, and affidavits, as hereinafter named, any permit officer named 
in regulation II may permit the shipment of supplies included in 
the memorandum annexed to the certificate, so that the aggregate 
amount of the shipments under the certificate shall not exceed the 
sum named therein. Such permit shall be made subject to the ap- 
proval of the permit oflicer of the last port of shipment in a loyal 
State through which the supplies shall pass en route to their destina- 
tion. 

XII. The application for permit shall be in the following form : 



APPLICATION FOR PERMIT FOR SUPPLIES. 



To 

Sir: desire permission to transport from this port to 

the supplies named in tlie invoices of which the annexed are true copies, which supplies 
were purchased by of the parties respectively indicated by the in- 
voices, and are owned by of , and consigned 

to of , and are contained in packages, 

which packages are marked and described as follows : 



No. OF Packages. 


Marks. 


Description of Supplies. 


Value. 











AFFIDAVIT OF APPL.ICAIVT FOR PERMIT FOR SUPPLIES. 

XIII. The original invoices shall be presented with the applica- 
tion, and shall be compared with the copies annexed thereto by the 
officer granting the permit to ship. The applicant shall annex and 
file, with his application for permit to ship, an affidavit in the follow- 
in g form : 

, of , being duly sworn deposes and says 

that is the owner of the goods, wares, and merchandise de- 
scribed in the invoices, true copies of which are hereto attached, and that the quantities, 
descriptions, and values of the said goods, wares, and merchandise are correctly stated 
in said invoices ; that the marks on the packages are correctly stated in the above appli- 
cation ; and that the packages contain nothing except as stated in the invoices. 

And this deponent further swears, that the goods, wares, and merchandise permitted 
to be transported upon the above application, shall not, nor shall any part thereof, be 
transported or disposed of by him, or by his authority, connivance, or assent, in viola 
tion of the terms of the permit. 



16 COMMERCIAL INTERCOURSE. 



PERMIT FOR SUPPIilES. 

XIV. If the permit officer is satisfied that no fraud has been, or is 
being practiced, he may permit the shipment so applied for, in the 
following form : 

Port of 

This may certify, That has this day filed iu my office 

an application for permit to ti-ansport from this port to , to be 

delivered to at , by way of. 

the goods, wares, and merchandise mentioned and described in the copies of invoices 
thereof hereto attached, (each one of which is stamped with my official seal,) which are 

contained in packages, and are of the aggregate value of $ , 

and are owned by , shipped by , consigned 

to 

And the said has presented with his application the original 

invoices of the said goods, wares, and merchandise, and filed in my office copies thereof, 
and made oath before me pursuant to the regulations of the Secretary of the Treasury, 
and local rules made under them : 

Now, THEREFORE, by virtue of the authority of the President of the United States, con- 
ferred on me through the Secretary of the Treasury, I do hereby authorize and permit 

the said to transport, by the route above named, the said goods, 

wares, and merchandise to 

The right is reserved to revoke, suspend, or qualify this permit, at such time and place 
and in such manner as the public interests may require ; and it will expire ten days after 
date, and cease to have any force, except that merchandise properly shipped under it, 
within ten days, will be allowed to go to its place of destination. 



In testimony whereof I hereunto set my hand and affix ^ 

the seal of this office, this day of , j- 

one thousand eight hundred and sixty j 



of Customs. 



To Avhicli permit the offiver granting the snme shall annex 
copies of the invoices presented, with the application, except that 
the extension of prices need not be made in the copies annexed to 
the permit to transport, but the value of each lot shall be stated in 
the original invoices. 

ACCOUNTS OF SALES OP SUPPLIES. 

XV. All persons authorized to sell supplies shall keep true ac- 
counts of all their sales, with the name and residence of each pur- 
chaser, and the date and amount of each sale : and their books, 
invoices, and accounts, shall at all times be open to the inspection 
of the Supervising or Assistant Special Agents. If any person so 
authorized shall \aoIate any Regulation or local rule, his authority 
shall be immediately revoked, and his stock in trade shall be seized 
and forfeited to the United States, and such steps shall be promptly 
taken as may be necessary to secure its condemnation by a court of 
competent jurisdiction. 



COMMERCIAL INTERCOURSE. 17 



NO SAIiES EXCEPT BY PERSONS AUTHORIZED. 

XVI. ISTo goods, wares, or merchandise shall be sold at any place 
in a State declared in insurrection, except bj' persons duly authorized, 
and none shall be transported from any place at which supplies are 
authorized to be sold, except under the permit of the Local Special 
Agent appointed for that place. Loyal persons residing in the 
district of country contiguous to the place, and within the lines of 
actual occupation by the military forces of the United States as 
indicated by published order of the Commanding General of the De- 
partment or District in which it is situated, may be permitted by the 
Local Special Agent to procure from any such store and take to their 
homes such individual, family, or plantation supplies as may be ne- 
cessary for their own use, as provided iu Regulation XVIIL 

FAMILY SUPPLIES. 

XVIIL The permit above provided for shall be given by the Local 
Special Agent, upon application of the head of the family, or some 
person duly authorized by him or her in writing, and then only on 
an ahidavit in the following form : 



AFFIDAVIT OF APPLICANT. 



State of 



County of J 

I being duly sworn, depose 

and say that reside at in the County of and 

State of and that has resided there for years last past: 

that I am in all respects true and loyal to the Government of the United States, and that 
I will in all things so deport myself, bearing true faith and allegiance thereto, and to the 

best of my ability protecting and defending the same. That family consists of 

white and colored persons : that the supplies, invoices of which are hereto 

attached, are necessary for the use and consumption of said family during the ensuing 

month ; that no part thereof shall be sold or otherwise disposed of by or by 

authority, connivance, or consent, except for the sole use and consumption of said fam- 
ily, and that, to the best of my knowledge and belief, no application has been made for 
any permit for the same or like supplies, to any other officer or agent, and that no sup- 
plies for the same family, for the period mentioned, have been or are expected to be ap- 
plied for elsewhere, or otherwise obtained. 

Subscribed and sworn before me 



e me ") 

186 j 



this day of.,.. 

PERMIT FOR FAMILY AND PLANTATION SUPPLIES. 

XVIIL If the Local Special Agent is satisfied as to the truth of the 
affidavit and the good faith of the applicant, he shall permit the pur- 
chase and transportation applied for, subject to the approval of the 
Commander of the Post, or such person as he shall designate for that 
purpose, to be countersigned upon the permit, which permit shall 
be in the following form : 

This MAY CERTIFY THAT has this day filed in my office an 



18 COMMERCIAL INTERCOURSE. 

application and the required affidavit for purchase of the su'>t)He3 

described in the annexed memorandum countersigned by me, the aggregate value whereof 

ia $ , and for transportation thereof by way of 

to the place of residence of 

And by virtue of the authority vested in me, I do hereby permit the said 

to purchase the said supplies at , and to transport them from 

to 

This permit will expire and cease to have any force ten days after its date. 



Local Special Agent, 

Special Agency. 

Dated at , ") 

this day of , 18 . / 

certificate: to purchase elsewherk. 

XIX. If the applicant prefers to purchase the supplies at some 

place iu a loyal State, then, instead of the above permit he shall give 
him a certificate in the following form : 

I certify that has made the prescribed affidavit and application 

before me for the supplies, a memorandum whereof is hereto attached, and countersigned 

by me, the estimated value whereof is % ..., which he desires to take to his home in 

the County of , State of 

I hereby recommend any authorized permit officer, to permit the transportation of said 

supplies, to an amount not exceeding $ , from the port where it is applied for to 

his home aforesaid, upon presentation of this certificate, countersigaed with the approval 
of the General commanding this post, or some person authorized by him. 

This certificate will cease to have any force thirty days after date. 

Dated at , this day of , 18G... 



Local Special Agent. 
PERMIT FOR TRANSPORTATION. 

XX. Upon presentation of this certificate so countersigned, with 
duplicate invoices of the supplies to be transported, any authorized 
permit oflicer may grant the permit desired, in the following form: 

In compliance with the recommendation of , Local Special Agent 

at , approved by the proper military officer, permission is hereby granted 

to , residing at , in the County of and 

State of , to take from this port to his home aforesaid, the supplies mentioned 

in the invoices hereto attached and countersigned by me. 

Dated at , this day of , 186... 

CERTIFICATE TO BE FILED. 

XXI. The certificate upon which permits are granted, attached 
to copies of the invoices permitted, shall be filed by the officer grant- 
ing the permit. 



COMMERCIAL INTERCOURSE. 



EXCEPTED ARTICLES. 



XXII. Fresh vegetables, fruits, butter and eggs, ice, poultry, coal, 
wood, beef cattle, hogs, and household goods of fatnilies moving, may 
be permitted b}' the officers named in Regulation II to go to any 
military post, naval fleet or vessel of the United States forces, other 
than within or attached to the blockade, without the supply store 
authority and certiticate above required. But in such cases the per- 
mit shall be conditioned that the supplies so permitted shall be re- 
ported to the Assistant or Local Special Agent at such post, fleet, or 
vessel, if there be such an officer there, and if not, then to the 
commanding officer of the post, fleet, or vessel, and that the same 
shall be disposed of only in compliance with these Regulations. 



SUTLERS' PERMITS. 

XXIII. Permits will be granted to Sutlers to transport to the regi- 
ments or post sutlered by them such articles as they are authorized 
to sell, free of the three per cent, fee; but no permit will be granted 
to a Sutler except on presentation, to the proper permit officer, of the 
original certilicate of his appointment from the commanding officer 
of his regiment or post, countersigned b}' the Division commander 
thereof, and an application and affidavit in the following form: 

AFFIDAVIT OF SUTLER. 

, being duly sworn, deposes and saj's, that ig the 

Sutler of the , duly appointed and commissioned in ■writing, a true 

copy of which appointment is hereto annexed; that there is no other person claiming to 

act as Sutler to said , to the knowledge of this affiant; that no other goods, 

wares, or merchandize, have been transported to said , under this commig- 

8ion, except such as have been duly permitted, and that a memorandum of each shipment 
permitted is endorsed on said commission, and truly appears on the copy thereof hereto 
attached ; that no goods, wares, or merchandise transported under such permits have been 

sold to any persons except the officers or soldiers belonging to said or other 

forces of the United States, and that none of those permitted under this application shall 
be so sold. 



this day of 



Subscribed and sworn to before me ") 
f , 186... / 

AMOUNT PERMITTED TO SUTIiERS. 



XXrV. Transportation under the above Regulation shall not be 
permitted to any regimental Sutler for an amount of goods exceeding 
$2,500 per month ; nor for over two months supply at one time ; nor 
for any goods except such as he is by law and War Department orders 
allowed to deal in ; nor to any post Sutler to an amount larger than 
shall be stated in his commission and approved by the General com- 
manding the Department or Division, and in such cases only one 
months' supply shall be permitted at one time. 



20 COMMERCIAL INTERCOURSE. 



RESTRIGTIOKS ON CARRIERS. 



XXV. No vessel, boat, or other vehicle, used for transportation 
from any place in the loyal States, shall carry goods, vares, or mer- 
chandise into any place, section, or State not declared in insurrection, 
but with which commercial intercourse has been or may be restric- 
ted, without the permit of a duly authorized officer of the Treasury 
Department, application for which permit may be made to such au- 
thorized officer near the point of destination, as may suit the conve- 
nience of the shipper. jSTor shall anj' vessel, boat, or other craft, or 
vehicle used for transportation, put otf any goods, wares, or merchan- 
cise, at any place other than that named in the permit or clearance 
as the place of destination of such goods, wares and merchandise. 



BOATS ON WESTERN ■WATERS, 



XXVI. Before any boat or vessel running on any of the western 
waters south of Cairo, or other waters within or adjacent to any State 
or section, commercial intercourse with which now is, or may hereaf- 
ter be, restricted, as aforesaid, shall depart from any port where there 
is a collector or surveyor of customs, there shall be exhibited to the 
collector or surveyor, or such other officer as may be authorized to 
act in his stead, a true manifest of its entire cargo, and a clearance, 
obtained to proceed on its voj^nge ; and when freights are received 
on board at a place where there is no Collector or Survej'er, as here- 
inafter provided in Regulation XXVII, then the same exhibit shall be 
made and clearance obtained at the iirst port to be passed where there 
is such an officer, if required by him, and such vessel or boat shall 
be reported and the manifest of its cargo exhibited to the collector 
or surveyor of ever}^ port to be passed on the trip where there is such 
'an officer, if required by him; but no new clearance shall be neces- 
sary unless additional freights shall have ' een taken on board after 
the last clearance. Immediately on arriving at the port of Hyal des- 
tination, and before discharging any part of the cargo, the manifest 
shall be exhibited to the Surveyor of such port, or other officei au- 
thorized to act in his stead, whose approval for landing the cargo 
shall be indorsed on the manifest before uny part thereof shall be 
discharged ; and the clearance and shipping permits of all such ves- 
sels and boats shall be exhibited to the officer in command of any 
naval vessel or military post, whenever such officer may require it. 

AGENCY AIDS. 

« 

XXVII. To facilitate trade, and guard against improper transpor- 
tation. Agency Aids will be appointed by the proper Supervising 
Special Agent, or, under his direction, by an Assistant Special Agent, 
from time to time, on cars, vessels, and boats, when desired by own- 
ers, agents, or masters thereof, which Aids will have free carriage on 
the res])ective care, vessels, and boats on which they are placed, and 
will allow proper way freights to be taken on board without permit, 
keeping a statement thereof, and reporting the same to the first offi- 



COMMERCIAL INTERCOURSE. 21' 

cer to be passed on the trip wlio is authorized to grant the permit 
desired, from whom a permit therefor must be obtained, or the goods 
shall bu returned to the shipper under his direction. No permit will 
be granted for transportation into or within any State or district un- 
der restriction, or declared in insurrection, except on cars, vessels, 
and boats carrying such Aids, or by private conveyance specilied in 
the permit, or on boats, vessels, or cars bonded not to receive au}'- 
thing on board for transportation during the trip, nor to land or dis- 
charge anything at any point, except that of ultimate destination, 
without proper permit. 

MERCHANDISE I^IABLE TO REACH IXSURGE ATTS— BOND REQ,l^IRED. 

XXVIII. When any Collector, Surveyor, Supervising, Assistant, or 
Local Special Agent, charged with the execution of these Kegula- 
tions, and the laws authorizing them, shall find within his proper 
limits any goods, w^ares, or merchandise which, in his opinion, foun- 
ded on satisfactory evidence in writing, are in danger of being trans- 
ported to insurgents, he may require the owner or holder thereof to 
give reasonable security that they shall not be transported to any 
place under insurrectionary control, and shall not, in any way, be 
used to give aid or encouragement to the insurgents. 

If the required security be not given, such officer shall promptly 
state the facts to the United States Marshal for the district within 
which such goods are situated ; or, if there be no United States Mar- 
shal, then to^the commander of a near military post, whose duty it 
shall be to take possession thereof, and hold them for safe-keeping, 
reporting the facts promptly to the Secretary of the Treasury, and 
awaiting instructions. 

ARTICIiES PROHIBITED BY MILITARY ORDER. 

XXIX. When any niilitar}' order, issued by competent authority, 
shall absolutely prohibit the transportation of articles designated 
therein, to, or within any State or part of State named in the order, 
no permit shail be granted for the transportation so prohibited. But 
when such prohibition is conditional, transportation may be per- 
mitted in accordance with the conditions named. 

PACKAGES TO OFFICERS AND SOLDIERS. 

XXX. In cases where military or naval Commanders shall have 
ordered all packages sent by friends to the officers and soldiers of 
their command, to be delivered only to designated '^egimental or ves- 
sel officers for delivery to the proper parties, such packages may be 
transponed, without Collector's or Surveyor's permits, by the Adams 
Express Company, or other carriers having authority for that pur- 
pose from the Secretary of the Treasury, on such carriers giving 
bond conditioned to render a true account of all such packages by 
them transported, and to carry no goods without proper permits, 
other than such packages. 



22 COMMERCIAL INTERCOURSE, 



ARMY AND NAVY SUPPIilES. 

XXXI. Supplies and other property belonging to the United 
States for the use of tlie army or navy, moving under railitarj' or 
naval orders, are excepted from the operation of these Regulations. 
Supplies for the army or navy, furnished under contract, will be per- 
mitted free of charge, upon the certificate of the proper military 
or naval officer that such supplies are required, and are to be shipped 
ill fulfilment of an actual existing contract with the Government. 

COIN OR BVIililOItf. 

XXXII. All transportation of coin or bullion to any State or sec- 
tion heretofore declared to be in insurrection is absolutely prohibited, 
except for military purposes, and under military orders, or under the 
special license of the President. 

BliOCKlADED PORTS. 

XXXIIL Clearances and permits to any port or place affected by 
the existing blockade will be granted only upon the request of the 
Department of War or the Department of the Navy, j^pplicants 
must present, with their application, a certificate from the Depart- 
ment of War, or Department of the Navy, either directly or through. 
a duly authorized officer, that the articles are required for military or 
naval purposes, and a request that the transportation of the same 
may be permitted, together with invoices in duplicate of the articles 
to be permitted, specifying their character, quantity, value, and des- 
tination. On receiving such certificate and request and duplicate ia- 
voices, the Secretary of the Treasury, or some officer specially au- 
thorized by him, will transmit to the proper officerone of the invoices, 
and direct the permitting of the transportation requested, and for- 
ward the other invoice to the Assistant or Local Special Agent at 
the port or place to which the goods are to be permitted, who will, 
in all cases, on the arrival of any articles claimed to hav3 been per- 
mitted, examine and compare such articles with the duplicate invoices; 
and in case of any excess or evasion of the permit, he will seize the 
whole shipment, and report the facts forthwith to the Supervising 
Special Agent, that proceedings may be taken for their forfeiture 
under the'acts of July 13, 18G1, May 20, 1862, March 12, 1863, and 
July 2, 1864. 

BLOCKADED FORTS REOPENED. 

XXXIV. Where ports heretofore blockaded have been opened by 
proclamation of the President, licenses will be granted by United 
States Consuls, on application by the proper parties, to vessels clear- 
ing from foreign ports to the ports so opened, upon satisfactory evi- 
dence that the vessel so licensed will convey no person, property, or 
information contraband of war, either to or from said ports, which 
license shall be shown to the Collector of the port to which the ves- 



COMMERCIAL INTERCOURSE. 2S 

sel is bound, and, if required, to any officer in charge of the block- 
ade. And on leaving any port so opened, the vessel must have a 
clearance from the Collector, according to law, showing no violation 
of the conditions of the license. Any violation of the conditions 
will involve the forfeiture and condemnation of the vessel and cargo, 
and the exclusion of all parties concerned from entering the United 
States for any purpose during the vs^ar. 

Vessels clearing from domestic ports to any of the ports so opened, 
will apply to the custom-house officers of the proper ports, in the 
usual manner, for permits and clearances under the Regulations 
heretofore established. 

Commercial intercourse between the citizens of ports so opened 
and persons beyond the limits thereof, shall be subject the same 
restrictions and regulations, as at other places in States and parts of 
States declared in insurrection. 

REFUSAL OF CLEARANCE. 

XXXV. Collectors and Surveyors will refuse clearances and per- 
mits to all vessels or other vehicles laden with goods, wares, or 
merchandise destined for a foreign or domestic port, whenever they 
shall have satisfactory reason to believe that such goods, wares, or 
merchandise, or any part thereof, whatever may be their ostensible 
destination, are intended for ports or places in possession or under 
control of insurgents against the United States. And if any vessel 
or other vehicle for which a clearance or permit shall have been 
refused, as aforesaid, sliall depart, or attempt to depart, for a foreign 
or domestic port, without being duly cleared or permitted, such Col- 
lector or Surveyor, or the Supervising Special Agent, or Assistant 
Special Agent, shall cause such vessel or vehicle to be seized and 
detained, and proceedings to be instituted for the forfeiture to the 
United States of such vessel or other vehicle, with her tackle, 
apparel, furniture, and cargo. 

BOIVDS FOR CLEARANCE. 

XXXVT. Whenever application is made to a Collector, or Sur- 
veyor authorized to grant it, for a permit or clearance, for either a 
foreign or domestic port, if, for satisfactory reasons, he shall deem it 
necessary to prevent the cargo of the vessel from being used in 
afibrding aid and comfort to any person or parties in insurrection 
against the authority of the United States, he shall require a bond to 
be executed by the master or owner of the vessel, in a penalty equal 
to the value of the cargo, and with sureties to the satisfaction of such 
Collector or Surveyor, conditioned that the said cargo shall be deliv- 
ered at the destination for which it is cleared or permitted, and that 
no part thereof shall be used in atfording aid or comfort to any 
person or parties in insurrection against the authority of the United 
States, with the knowledge or consent or connivance of the owner 
or shipper thereof, or with the knowledge, consent, or connivance of 



24 COMMERCIAL INTERCOURSE. 

the master of the vessel on wliich the same may be laden, or of other 
persons having control of the same. 

VESSELS TO REPORT. 

XXXVII. Every vessel, on approaching' a gunboat or revenue 
cutter, or vessel appearing to be such, before proceeding further, 
shall bear up and speak said boat or cutter, and submit to such ex- 
amination as may be required. 

TRANSPORTATION OF PRODUCTS. 

XXXVIII. All loyal persons residing in a State or part of a State 
declared in insurrection, if, within the lines of actual occupation by 
the military forces of the United States, as indicated by the published 
order of the Commanding General of the Department or District so 
occupied, ma}^ be permitted by the Supervising Special Agent there- 
of, or such Assistant Special Agent as he shall designate for that 
purpose, to bring or send to market in the loyal States any products 
which they shall have produced with their own labor, or the labor of 
freedmen or others employed and paid b}^ them, upon making and 
filing with such officer an affidavit in the following form : 

AFFIDAVIT OF APPLICANT TO TRANSPORT PRODUCTS. 

State of \^^. 

County of j 

I, , being duly sworn, say, that. I reside in the county of 

in the State of ; that I have produced during the year 186 , 



with my own labor and the labor of freedmen and others whom I have employed and paid 
or secured to be paid, according to the rules of the Supervising Special Agent of the 

Agency; that I desire to transport the same to in the State 

of , by way of s , for sale, or other disposition; that 

the same is now at , in the county of , and State of 

, and is contained in packages, marked ; that I 

am in all respects true and loyal to the Government of the United States, and have never 
committed any act by which my property is rendered liable to forfeiture or confiscation 
to the United States, under any law thereof. 
Subscribed and sworn to before me 
this 



fore me ■) 
.186 ./ 



PERMIT TO TRANSPORT PRODUCTS. 

XXXIX. Upon receiving the above affidavit and being satisfied of 
its truth, such Agent shall grant a permit authorizing the transporta- 
tion of the products named, to the first port or place, in a loyal State 
where there is a permit officer named in Regulation II, and at which 
the same are to be unladed or reshippcd, which place shall be named 
in the permit. Such permit shall be in the following form: 

having made application to me for permit to transport 

, from , in the County of , 

and State of , to , in the State of , by way of 



COMMERCIAL INTERCOURSE. 25 

, and having made and filed with me the aiSdavit prescribed for such cases, 

and given bond with approved sureties for the payment of all fees and Government dues 

upon the said , upon its arrival at aforesaid, permission is hereby 

given to the said , to transport the said which is contained 

in packages marked , from aforesaid 

to aforesaid. 

Dated at , this day of ., 186... 

BOND TO TRANSPORT PRODUCTS. 

XL. Before delivering the permit, the Agent granting it shall re- 
quire and receive from tlie applicant his bond to the United States 
iu duplicate, with two or more sureties, to be approved b} him, in a 
penalty of twice the value of the products so permitted to be trans- 
ported, in the following form: 

Know all men by these presents, That we , 

of as principal, and , 

of , and , of , 

as sureties, are held and firmly bound unto the United States of America in the sum of 

dollars, ($ ,) to be paid to the United States of America; 

for which pnyment, well and truly to be miide, we bind ourselves, our heirs, executors, 
and administrators, jointly and severally, firmly by these presents. Sealed with our seals, 

and dated this day of , in the year one thousand, eight 

hundred and sixty- 

Whereas the said has applied for and received a permit to transport 

from , in the County of 

n the State of , to , in the State of by way 

of , which is contained in packages 

marked 

Now the condition of the above obligation is such, That if the said 
shall transport the said to 

aforesaid, and there report it to the of Customs and pay all fees and 

Government dues upon the same, and if, in all things connected therewith, he shall comply 
with the laws and with the Regulations of the Secretary of the Treasury concerning the 
same, then this obligation to be void ; otherwise to remain in full force and virtue. 
In presence of — 

, [L. S.] 

, [L. S.] 

, [L. S.] 

DISPOSITION 0F:B0ND. 

XLI. Upon receiving the duplicate bond above required, the 
Agent shall forthwith send the original to the officer of the port to 
whom the fees are to be paid, and inform him of any facts relating 
to the shipment and transportation which may enable him more cer- 
tainly to secure the collection of Government fees and dues, and 
upon arrival of the products at his port, such officer shall collect the 
prescribed fees, and inform the Internal Revenue officer^ that he may 
collect the tax upon it. When these payments are made, he shall 
cancel the bond, by writing across its face "cancelled," and shall 



26" COMMERCIAL INTERCOURSE. 

Bign his name thereto, and deliver it to the maker or his representa- 
tive. The Agent who received the bond shall, upon presentation to 
him of the bond so cancelled, also cancel the duplicate in his pos- 
session in the same manner, but shall retain the same so cancelled. 

TRANSHIPMENT OF PRODUCTS. 

XLTI. If, from any cause, it becomes necessary to tranship any 
products in iransitu under permit, as above provided, notice thereof 
shall be given to the permit officer of the port or place where it is 
made, or, if made where there is no such officer, then at the first 
port or place to be passed where there is one, and obtain his approval 
of the transhipment, to be indorsed on the permit. The officer so 
approving will promptly advise the proper officer at the port of des- 
tination of his action in the premises. 

PJLANTATION SUPPLIES. 

XLIII. Stock, implements and supplies, for plantations worked by 
freedmen under the Regulations relating thereto, may be permitted 
to be transported to such plantations without payment of the fees 
hereafter prescribed, upon presentation to the permit officer of a 
certificate of the Supervising Special Agent, or Assistant Special 
Agent of the district in which they are located, in the following form : 

CERTIFICATE FOR PLANTATION SUPPLIES. 

This may certify that is a loyal person residing in the county of 

in the State of within the lines of actual occu- 
pation by the military forces of the United States, and that he is working the plantation 

known as the in the of and 

State of , and that he employs freedmen thereon, 

under the Regulations of the Secretary of the Treasury relating thereto : that the arti- 
cles and supplies named in the memorandum thereof, countei-signed by me, and hereto 
attached, are necessary in carrying on the said plantation and supporting the freedmen 
and their families thereon. 

Dated at this day of 186 

, Special Agent, 

Agency. 

PRODUCTS MOVING WITHOUT PERMIT TO BE SEIZED. 

XLIV. Officers and Agents of the Treasury Department are di- 
rected to seize any products of an insurrectionary State, found moving 
without permit as above provided, or without evidence that all fees 
and (Government dues have been paid, and to cause proceedings to 
be instituted for the forfeiture thereof to the United States. 

FORFEITURE FOR VIOLATIONS. 

XLV. All vessels, boats, and other vehicles used for transporta- 
tion, violating Regulations or local rules, and all cotton, tobacco, 
or other products ^or merchandise shipped or transported, or pur- 
chased or sold in violation thereof, will be forfeited to the United 



COMMERCIAL INTERCOURSE. 27 

States. If any false statement be made or deception practiced in 
obtaining an authority, certificate, or permit under these Regula- 
tions, such authorit}', certificate, or permit, and all others connected 
therewith or aflected thereby, will be absolutely void, and all mer- 
chandise purchased or shipped under them shall be forfeited to the 
United States. In all cases of forfeiture, as aforesaid, immediate 
seizure will be made and proceedings instituted promptly for con- 
demnation. The attention of all officers of the Government, com- 
mon-carriers, shippers, consignees, owners, masters, conductors, 
agents, drivers, and other persons connected with the transportation 
of merchandise, or trading therein, is particularly directed to the 
acts of July 13, 1861, May 20, 1862, March 12, 1863, and July 2, 
1864, and to the orders of the Secretaries of War and of the Navy 
hereto appended. 

XL VI. The following fees are prescribed : 

Fees for administering oath and certifying affidavit 10 cents. 

" Autlioritj from Agent 3 dolla. 

" Certificate of Assistant or Local Special Agent 10 cents. 

" Each permit for purposes of trade 20 " 

" Each permit to transport cotton from any insurrectionary district to 

any loyal State, per pound, 4 cents. 

" Permit to transport tobacco, per hhd, 2 dolls. 

'* Permit to transport to or from such district, other products, goods, 

wares, or merchandise, three per centum on the sworn invoice value 

thereof at the place of shipment. 
" For each permit for individual, family or plantation supplies, on every 

purchase over $20 and not over $50 5 cents. 

" Over $50 and not over $100 10 '< 

" Over $100 , 15 " 

For permits for individual, family, or plantation supplies, not over twenty dollars ia 
amount, no charge is allowed, except for revenue stamps, on affidavits and certificates 
in districts under restriction ; and no charge, except five cents for permit and five cents 
for each revenue stamp on afiBdavit and certificate, is allowed in States declared in in- 
surrection. When purchases are less than five dollars, the permit officer may dispense 
with affidavits and certificates, when no ground to suspect fraud or imposition appears. 

Internal revenue stamps are required by law to be attached to affi- 
davits, certificates, and bonds, but not to any other instruments or 
writings provided for by these Regulations. Stamps will be furnished 
by the proper Special Agents at the rates fixed by the internal reve- 
nue act, namely : 

Affidavit 5 

Bonds not exceeding $1000 50 

" exceeding $1000, for every additional $1000 or fractional part thereof. 50 

Certificates 5 

Power of Attorney 50 



28 COMMERCIAL INTERCOURSE. 

XLVII. Every officer authorized by the Secretary of the Treasury 
to grant permits under Regulation II, shall keep in his office a record 
of every permit granted by him, showing the names of the owner, 
shipper, and consignee, the place from and to which each transpor- 
tation is permitted, the character and invoice value of the merchan- 
dise permitted, and shall transmit to the Secretary as nearly as pos- 
sible on the iirst day of every month, an abstract of such record and 
an abstract statement, showing the permits granted daily to parts of 
States not declared in insurrection, but in which trade is restricted, 
and also showing the number and aggregate amount of permits 
granted daily to States declared in insurrection, the fees received, 
and the disposition made of the same, together with the names of 
all Agency Aids reporting to bira, and the compensation paid to 
each. 

AGENTS TO PAY OVER MONEY, &c. 

XL VIII. All money received by each Assistant or Local Special 
Agent shall be paid over as promptly as possible to the Supervising 
Special Agent, or to an Assistant Treasurer, or Designated Deposi- 
tory, as directed by him, and so that all receipts during each month 
shall be paid over before the making of his required monthly report ; 
and all money received by each Supervising Special Agent, or Collec- 
tor, Surveyor, or other officer authorized to grant permits, under 
these Regulations, shall be promptly paid over to the Assistant 
Treasurer, or Designated Depository most convenient to him, and so 
that all receipts for each month shall be so paid over, before the 
making of his monthly report. 

OFFICERS TO REPORT. 

XLIX. Every officer authorized to receive money under these 
Regulations shall transmit to the Secretary, on the Iirst of each month, 
a report, stating in detail all moneys so received by him during the 
preceding month, and from what sources received, together with all 
expenses of his office incidental to the execution of these Regula- 
tions; and if any money has been paid out or otherwise disposed of 
by him during the month, an account thereof, and by what author- 
ity, to whom, or for what purpose it was so paid or disposed of, with 
the vouchers therefor. A duplicate of this report and account, when 
made by officers in States declared in insurrection, or in restricted 
districts in loyal States, shall, at the same time, be transmitted to the 
Supervising Special Agent for the Agency in which it shall be made. 

RECORDS-LOCAIi SPECIAI^ AGENTS. 

L. Local Special Agents shall keep a record of every permit and 
certificate given by them, with the date and amount thereof, and the 
name and residence of the party to whom given ; of all bonds required 
of owners or holders of goods in danger of being transported to in- 
surgents, and their action where the required bond is not given. 
And they will also, as nearly as possible on the Iirst day of every 



COMMERCIAL INTERCOURSE. 29 

month, transmit to the proper Supervising Special Agent a transcript 
of such record, and will deliver to sach Agent all bonds or securities 
received by them under these Regulations. 

RECORDS— ASSISTANT SPECIAL, AGEKTS. 

LI. Assistant Special Agents shall keep a record of all their offi- 
cial transactions, showing speciticall}' and in detail every authority 
given to sell supplies; every authority for the transportation of pro- 
ducts ; every inspection of a supply store, and the results thereof; 
all appointments of Agency Aids on cars, vessels, and boats, and the 
compensation of each; all seizures in cases of excess or evasion of 
permits to blockaded ports ; all seizures or detentions of vessels or ve- 
hicles departing, or attempting to depart, when clearance has been 
refused ; all cases of security required when goods found in dangerof 
being transported to insurgents, and if security not given, the action 
taken by them ; all fees received for affidavits and authorities to sell 
supplies, and for the transportation of products, and from whom and 
for what received. And they sh;ill, on the first day of'every month, 
transmit to the proper Supervising Snecial Agenta transcript of such 
record, and all bonds or securities received by them under these Ileg- 
ulations. 

RECORDS— SUPERVISIIVG SPECIAIi AGENTS. 

LTI. Supervising Special Agents shall keep a record of all their 
oflBciul transactions, showing fully the name and location of each 
Local Special Agent and Agency Aid appointed by them, and the 
compensation of each ; of conferences with Generals commanding 
Departments, and designations of military lines, (Reg. IV;) of all 
authorities given for supjtiy stores, stating the date, name of trader, 
and amount of goods authorized ; of the inspection of supply stores 
and the results; of all authorities given for the transportation of pro- 
ducts, to whom given, and the locality from which and to which 
transportation is permitted; of all revocations of authorities, certifi- 
cates, and permits; of all information touching any goods or trans- 
actions given to other officers of the department ; of all appointments 
of Agency Aids upon cars, vessels, and boats ; of all seizures and de- 
tentions of vessels or vehicles departing or attempting to depart, 
after clearance has been refused ; of all securities required and re- 
ceived of owners or holders of goods in danger of being transported 
to insurgents, and of their action if security was not given. And 
on the lirst day of every month, as nearly as possible, they shall 
transmit to this Department an abstract of such record for the pre- 
vious month, together M'ith a copy of the abstracts of records, and a 
statement of all bonds and securities received by them from Assist- 
ant and Local Special Agents. 

GENERAL AGENT. 

LIII. The General Agent will visit the several Agencies and 
permit officers, as often as practicable, and take or direct such action 



30 COMMERCIAL INTERCOIJBSE. 

as may be necessary to insure a uniform construction of these Reg- 
ulations, and harmony of action under them; direct the making of 
such local Rules by Supervising Special Agents, as in his judgment 
shall be proper; hear and decide, or refer to the Secretary of the 
Treasury, appeals from the action of the Supervising or other Special 
Agents; and generally to cause the laws and regulations governing 
restricted intercourse to be faithfully and honestly administered. 
And he shall promptly report to the Secretary of the Treasury all 
misconduct or inefficiency on the part of Supervising, Assistant, or 
other Agents and officers engaged in executing these Regulations. 

THESK REGULiATlONS TO SUPERSEDE ALIi OTHERS. 

LIY. These Regulations shall supersede those of September 11, 
1863, and all others conflicting herewith, affecting commercial inter- 
course with States declared in insurrection ; and all permits here- 
after granted by any officer of the Treasury Department will be 
granted in pursuance of them, and of the Local Rules authorized by 
them, or by virtue of authority hereafter given by the Secretary of 
the Treasur3\ 

AUTHORITIES REVOKED, 

LV. All existing authorities to purchase products in insurrection- 
ary States are hereby revoked, except that products purchased in 
good faith under such authorities, and paid for prior to the date 
hereof, may be transported, in the same manner and subject to the 
same conditions as products raised by the labor of freedmen. (Reg. 
XXXVIII.) 

All authorities to transport goods, wares, or merchandise into an 
insurrectionary State are hereby revoked. 

WHEN REGVI^ATIOarS TAKE EFFECT. 

LVI. These Regulations shall take effect upon the publication 
thereof. 



ABANDONED, CAPTURED, AND CONFISCABLE 
PERSONAL PROPERTY. 



REGULATIONS. 



PRESCRTBED BY THE SECRETARY OF THE TREASURY CONCERNING ABAN- 
DONED, CAPTURED, AND CONFISCABLE PROPERTY, UNDER THE ACTS OF 
CONGRESS RESPECTIVELY APPROVED MARCH 12, 1863, AND JULY 2, 18G4. 

AGKNTS TO CARRY OUT THESE REGUIiATIOlVS. 

I. The Regulations relative to abandoned, captured, and confis- 
cable personal property will be carried into efiect by the same 
-Agents, and under the same supervision, as are provided under the 
Regulations concerning commercial intercourse. 

ASSISTANT SPECIAli AGENTS IN EACH AGENCY. 

II. There shall be assigned to each Special Agency such number of 
Assistant Special Agents as may be necessary, who, with the Super- 
vising Special Agent, shall collect and receive all abandoned, 
captured, and confiscable property, except such as has been used or 
was intended to be used for waging or carrying on war against the 
United States, viz: arms, ordnance, ships, steamboats, or otiier water- 
craft, and their furniture, forage, military supplies, and munitions 
of war. 

ABANDONED, CAPTURED, AND CONFISCABLiE PROPERTY DESCRIBED. 

III. Abandoned property is that which has been or may be deserted 
by the owners, or when the lawful owner thereof shall be voluntarily 
absent therefrom and engaged, either in arms or otherwise, in aiding 
or encouraging the rebellion. 

Captured property is that which has been or may be seized or taken 
from hostile possession by the military or naval forces of the United 
States. 

Confiscable property is that which is liable to confiscation under 
the act of July 17, 1862. 

AGENTS TO KEEP RECORDS. 

IV. Each agent collecting or receiving any such property, will im- 
mediately make and keep a full record of all the facts or information 
concerning it, known or accessible to him, including, as nearly as 



32 ABANDONED, CAPTURED, AND CONFISCABLE 

possible, the following: the character and quantity of the property 
received or collected ; where captured, or found, or received as aban- 
doned ; under what circumstances ; by whom owned or alleged to be 
owned; noting, where practicable, the name and address of one or 
more truthful residents in the neighborfiood acquainted with the 
property and the owner or claimant thereof, and any statements they 
may make in connection therewith ; by whom such ])roi)erty was 
captured, abandoned, or seized for confiscation; by whom received or 
collected; from whom received; all names, marks, signs, or devices, 
(whether distinct, indistinct, or partially erased,) upon such property; 
together with all other information which may in any way serve to 
identify or make known the history of any particular lot, or to trace 
the same, or the proceeds thereof, from the earliest period possible 
to its final disposition. 

He will also charge against each lot and keep a true and detailed 
account in triplicate of each item of expense incurred in its collec- 
tion, transportation, care and sale or other disposition by him, or 
where two or more lots are treated together, a fair and just proportion 
against each, as w^ell as all fees due, in any way, to the Government 
thereon. 

AGENTS TO MAKE REPORTS. 

Y. When such property is collected or received by an Assistant 
Special Agent, he will promptlj' transmit one copy of the above record 
to the Secretary of the Treasury, and one to the proper Supervising 
Special Agent, and will retain one copy for his own files. When it 
is so collected or received by a Supervising Special Agent, he will 
transmit one copy of the record to the Secretary of the Treasury and 
retain one copy for his own files. 

AGENTS TO RECEIVE AND COIil.ECT ABANDONED PERSONAL PROP- 
ERTY AND GIVE RECEIi»TS. 

VI. Such Agents will receive and collect abandoned personal prop- 
erty from any officer or private of the regular or volunteer forces of 
the United States, or any officer, sailor, or marine in the naval ser- 
vice of the United States, upon the inland waters of the United States, 
who may have, take, or receive any abandoned property from per- 
sons in such insurrectionary districts, or have it under their control, 
and the Agent receiving it will in all cases give a receipt therefor in 
the following form: 

Received of , 

estimated 

at $ , taken or received and held by him as abandoned property in an 

insurrectionary district, and claimed to be the property of 

, and turned over to me by said , 

which [jfoperty I have received as Agent of the Treasury Department, appointed in pur- 
suance of certain acts of Congress, approved July 13, 1861, May 20,1862, March 12, 1863, 
and July 2, 1864. 

The said property to be transported and disposed of under the Regulations of the Sec- 



PERSONAL PROPERTY. S3 

retary of the Treasury prescribed in pursuance of the authority conferred on him by said 
acts. 

Dated , 18G... 

And a record of the property so collected and received shall be 
made, and the property disposed of as directed in Eegulations IV, 
IX, XI, and XV. 

AGENTS TO RECEIVE PROPERTY FROM PERSONS IN MILITARY OR 

NAVAL. SERVICE. 

VII. Such Agents will collect and receive of any officer or private, 
or person employed in, or with the regular or volunteer forces of the 
United States, any property held by him which shall have been cap- 
tured in any district declared to be in insurrection against the United 
States, except such as shall be required for military use of the United 
States forces; and all property so held by them shall be received by 
the Agent as captured property, leaving all questions concerning the 
class to which it belongs for the consideration of the Secretary of the 
Treasury; and they shall also receive with such property the neces- 
sary invoices thereof, and all receipts, bills of lading, and other 
papers, documents, and vouchers, showing title to such property or 
the right to the possession, control, or direction thereof, and such 
order, indorsement, or writing as the party has power to make, to 
enable such Agent to take possession of such property or the pro- 
ceeds thereof. 

And he will give to the officer, private, or person from whom any 
property is so received, a receipt in the form following: 

" Received of ,...„ 

estimated at $ captured by the forces of the United States, 

and claimed to be the property of 

which property I have received as Special Agent of the Treasury Department, appointed 
in pursuance of certain acts of Congress, approved July 13, 1861, May 20, 1862, March 
12, 1863, and July 2, 1864. The said property to be transported and disposed of under 
the regulations of the Secretary of the Treasury prescribed in pursuance of the authority 
conferred on him by said acts." 

And a record of the property so collected and received shall be 
made, and copies transmitted, and the property disposed of, as di- 
rected in Eegulations IV, IX, XI, and XV^. 

PROPERTY- REQUIRED FOR PUBLIC USE TO BE APPRAISED AND DE« 

LIVERED OVER. 

VIII. When any part of the goods or property received or col- 
lected by any Supervising or Assistant Special Agent is demanded 
for public use, and a requisition therefor is presented, signed by the 
General commanding Department, or by some other officer author- 
ized by such Commander of Department, the Special Agent having 
such property in charge shall select three competent and disinter- 
ested persons, to be approved by such officer, who shall make oath 
for the faithful discharge of their duties, and who shall appraise said 

3 



34 ABANDONED, CAPTURED, AND CONFISCABLE 

goods or property, and make a certificate thereof iu the followiug 
form : 

The undersigned having been appointed by Special Agent, 

to appraise certain property alleged to have been collected or received as abandoned or 

captured by Special Agent of the Treasury Department, 

having each of us made oath for the faithful discharge of our duty as such appraisers, 
do certify that we have carefully examined and appraised the following described prop- 
erty, to wit : and that said 

property is worth 

Appraisers. 



"Which certificate shall be certified by the Special Agent and by 
the officer receiving said property ; and the goods or property so ap- 
praised shall be delivered over to the officer appointed to receive it; 
and the Special Agent shall in all such cases require from the officer 
or agent receiving said goods or property a receipt in the following 
form : 

Received of alleged to have 

been collected or received by him as abandoned or captured, and which has been this day 

appraised by appraisers 

appointed with my approval, to be worth dollars, which property has been de- 
livered to me by said agent to be appropriated to the public use, as provided in the sec- 
ond section of the Act of Congress, approved March 12, 1863, entitled "An act to provide 
for the collection of abandoned property, and the prevention of frauds in insurrectionary 
districts within the United States. " 

And he shall keep a record of all expenses incurred on account 
thereof, with a full description of all such property, and shall make 
a full report of such appraisal proceedings to the Secretary of the 
Treasury, and transmit therewith copies of all papers in the case, 
and if an Assistant Special Agent, he shall send copies of the report 
and all other papers in the case to the proper Supervising Special 
Agent. 

DISrOSITION OF PERISHABLE PROPERTY AND SUCH AS CANNOT BE TRANS- 
PORTED. 

IX. In all cases where captured and abandoned property of a 
. perishable nature shall be collected or received by the proper Agents 
of this Department, and its immediate sale is required by the interest 
of all concerned, such Agent shall, where practicable, forward it 
without delay to the nearest place designated by the Secretary or by 
Regulation as a place of sale within a loyal State, consigned to the 
proper officer of this Department, w-ho shall forthwith cause it to be 
sold at auction to the highest bidder ; all such shipments to be accom- 
panied by a statement as required by Regulation IV. 

If, from the character of the property, it shall be impracticable so 
to transport it, the Agent shall cause the same to be appraised by 



PERSONAL PROPERTY. 35 

three disinterested persons, and to be sold at public auction, and 
promptly transmit a full report, as prescribed by Regulation IV. 
together with the certificate of appraisal, taken in triplicate, and the 
account of sales, and hold the proceeds subject to the direction of 
the Supervising Special Agent for that Agency. 

CONTRACTS FOR COIiliECTION AND DELIVERY OF PROPERTY. 

X. When property is liable to be lost or destroyed, in consequence 
of its location being unknown to the Special Agents, or from other 
causes, and parties propose, for compensation, to collect and deliver 
it into the hands of such agents, at points designated by them, Super- 
vising Special Agents may contract, on behalf of the United States, 
for the collection and delivery to them of such property in their res- 
pective agencies, on the best possible terms, not exceeding twenty- 
five per cent, of the proceeds of the property, which percentage must 
be full compensation for all expenses,of whatever character, incurred 
in collecting, preparing, and delivering such property at the points 
designated. Prior to any such contract being made, the party pro- 
posing must submit in writing a statement of the kind and amount 
of property proposed to be collected, the locality whence to be ob- 
tained, and all the facts and circumstances connected with it, particu- 
larly as to its ownership. And any contract made in pursuance of 
this Regulation must be in writing, and restricted to the collection 
and deliver}' of particular lots at named localities ; or, when circum- 
stances clearly justify it, to the general collection and delivery of all 
abandoned property in limited districts not greater in any case than 
one parish or county, and not more than one district to be assigned 
to one contractor. 

Before payment to any contractor under any contract made in 
pursuance of this regulation, he shall execute a bond, with penalty 
equal to the amount stipulated to be paid to him, and with sureties 
satisfactory to the Supervising Special Agent, indemnifying the 
United States against all claims to the property delivered on account 
of damages by trespass, or otherwise occasioned by the act or con- 
nivance of the contractor, and against all claims that may arise on 
account of expenses incurred in the collection, preparation, and 
transportation of said property to the points designated in said con- 
tract. 

Should a case arise in the opinion of the Supervising Special Agent 
justifying the payment of a larger percentage than one quarter of the 
proceeds of the property, he will make a statement of the facts and 
circumstances and the reasons in his opinion justifying such addi- 
tional allowance, and refer the same to the Secretary for instructions. 

And for the purpose of getting possession of and transporting to 
market as much of the captured and abandoned property as possible, 
Supervising Special Agents, or Assistant Special Agents under their 
direction, will appoint and employ in their respective Agencies, at 
such per diem compensation as may be judged proper, subject to ap- 
proval of the Secretary of the Treasury, such Local Special Agents and 



S6 ABANDONED, CAPTURED, AND CONFISCABLE 

Agency Aids as may be necessary therefor, instructing them fully 
as to the execution of the duties respectively assigned to them. 

DISPOSITION OF CONFISCABLK PROPERTY. 

XL All confiscable personal property collected or received in any 
Agency shall forthwith be forwarded to the Supervising Special 
Agent thereof, or as directed by him to the proper olEiicer of the 
Treasury Department, at the port or place to which it shall be sent 
for legal proceedings, under the Act of July 17, 1862; and upon pre- 
sentation to such officer by the United States Marshal of the proper 
writ in such proceedings, issued bya court of competent jurisdiction, 
the said property shall be delivered to him. Upon making such 
delivery, the officer delivering will require from the Marshal duplicate 
receipts therefor in the following form : 

Received of , Supervising Special Agent, appointed to collect and receive 

confiscable property, as provided in the Act of Congress, approved July 2, 1864^ the fol- 
lowing described property, viz : 

which it is alleged belonged to , of , in the State of , 

whose property, it is charged, is confiscable under the Act of Congress approved July 
17, 1862. 

By virtue of a writ issued by the Court, in proceedings therein for 

the condemnation of said property, under the last-named act, I have demanded and 
received the same. 

Dated 186 . 

RECORD TO BE KEPT OF COJVFISCABIiE PROPERTY. 

XII. Agents collecting and receiving such property will be careful 
to ascertain and record, in addition to the requirements of Regula- 
tion IV, all allegations against the owner of the property, together 
with the names and residences of witnesses by whom they can be 
sustained, and all other facts relating thereto which may tend to se- 
cure justice under the law ; and will transmit one copy thereof to the 
United States District Attorney, who is to institute proceedings for 
confiscation. 

CAPTURED, ABANDONED, OR CONFISCABLE PROPERTY TO BE RE- 
LEASED ONL,\ BY AUTHORITY OF SECRETARY. 

XIII. No property collected or received as captured, abandoned, 
or confiscable under any act of Congress shall be released by any 
Agent, except by special authority from the Secretary of the Treasury, 
to any persons claiming ownership of such property ; nor shall any 
permit be given by such Agents to individuals to remove such prop- 
erty; nor shall any liability be incurred or assumed, or contract be 
made on the part of the United States by such Agents, except as au- 
thorized by these Regulations. No personal favor shall in any case 
be extended to one individual or party rather than another. 



PERSONAL PROPERTY. 37; 



ASSISTANT AGENTS TO FORW^ARD PROPERTY. 

XIV. All abandoned, captured, or confiscable property, collected 
or received by an Assistant Special Agent, will be promptly forwarded 
by bim to tlie Supervising Special Agent of tbe Agency in which it 
shall be collected or received, or to such place of sale as he may 
direct. And all such property collected or received by a Supervising 
Special Agent shall be by him either sold or forwarded for sale in 
compliance with instructions to him from the Secretary of the Treas- 
ury or from the General Agent of the Treasury Department. 

DISPOSITION OF PERSONAL. PROPERTY. 

XV. All personal property collected and received, in compliance 
with these Regulations, other than such as may be appropriated to 
public use, shall be transported to such places as shall be designated 
by the Secretary of the Treasury, as places of sale, consigned to the 
Supervising Special Agent of the Agency in which it is collected or 
received, if within his Agency, or to such other person, as shall be 
specially authorized by the Secretary to receive the same, and shall 
there be sold by such Supervising Special Agent, or other person, at 
public auction to the highest bidder, for lawful money, pursuant to 
notice previously published of the time and place of sale. 

PAYMENT OF EXPENSES OP PROPERRY. 

XVI. Supervising Special Agents, and such other persons as shall 
be specially authorized by the Secretary of the Treasury to receive 
and sell captured, abandoned, and confiscable propert}', will pay or 
cause to be paid, out of the general fund arising from the sale of all 
such property received and sold by him, all expenses necessarily in- 
curred in collecting, receiving, securing, and disposing of the same, 
including fees, taxes, freights, storage, chai-ges, labor, and other ne- 
cessary expenses, being careful to avoid all useless or indiscreet ex- 
penditures ; and will charge each particular lot or parcel with the 
specific or proportionate amount of all such expenses as can be made 
specific or proportionate charges to each lot or parcel ; and will also 
charge and retain out of the proceeds of each lot or parcel one and 
one half per centum thereof for the payment of such expenses con- 
nected with the collection, transportation, and sale, or other disposi- 
tion thereof, as cannot be made specific or proportionate charges 
against each lot or parcel, or are not otherwise provided for, such as 
rents, compensation to clerks, or other employes, auctioneers, print- 
ing, and advertising, a carefully stated account of which will be kept 
by such Agents, or other persons, showing in detail all expenses paid 
out of this fund arising from such charge ; and unless unavoidably 
prevented, they will take vouchers for all expenditures made under 
this Regulation, and transmit the same with tljeir accounts to the 
Secretary of the Treasury. Out of the balance, if any, of said one 
and one half per centum remaining after defraying said expenses the 



38 ABANDONED, CAPTURED, AND PERSONAL PROPERTY. 

several Supervising Special Agents, or other persons selling as afore- 
said, may retain as compensation for extra care and responsibility a 
sum not exceeding three fourths of one per centum of the amount 
of such sales; and with the remainder, if any, may reward extra ser- 
vices in the collection and care of property, rendered by Agents and 
others, in such manner and to such amount as may be approved or 
directed by the Secretary of the Treasury. 

SUPERVISING SPECIAIi AGENTS TO RENDER MONTHLY ACCOUNT 

CURRENT. 

XVII. Each Supervising Special Agent or other person, as afore- 
said, shall make a full record of each lot or parcel of property com- 
ing to his possession, in the manner prescribed by Regulation IV, 
and report the same, and all sales or other disposition thereof, made 
by him, rendering a monthly account current of all his transactions 
to the Secretary, accompanying the same with receipts or other 
vouchers for all moneys paid out by him. All balances remaining 
in his hands shall be deposited in the Treasury, from time to time, 
as directed by the Secretary. 



ABANDOiNED AND CONFISCABLE LANDS, HOUSES, 
AND TENEMENTS. 



REGULATIONS 

CONCERNING THE CHARGE AND LEASING OF ABANDONED AND CONFISCABLE 
LANDS, HOUSfiS AND TENEMENTS, IN STATES DECLARED IN INSURRECTION, 
MADE IN PURSUANCE OF THE ACT OF CONGRESS ON THAT SUBJECT, AP- 
PROVED JULY 2. 1864. 

Agents to carry out these Regulations. 

I. The Regulations relative to abandoned and confiscable lands, 
houses and tenements will be carried into effect by the same Agents, 
and under the same supervision as are provided under the Regula- 
tions concerning commercial intercourse. 

Agents to take Possession of Abandoned Lands, Tenements, &c. 

II. The Supervising Special Agent of each Agency, and such As- 
sistant Special Agents therein, as shall be designated for that purpose, 
will take possession of all lands, houses and tenements therein, aban- 
doned by the lawful owners thereof, and all such as are confiscable 
under the act of Congress approved July 17, 1862. 

Assistant Agent to keep Record and make Report. 

III. When an Assistant Special Agent shall take possession of 
any such property, he will promptly record in a book to be kept by 
him for that purpose, a full description of the property, with a state- 
ment of its condition, the name of the owner, and any facts relating 
to him, or to the property which may aftect the rights of the United 
States or of others interested in the property, one copy of which 
record he will promptly transmit to the Secretary of the Treasury, 
and one copy to the proper Supervising Special Agent, who will re- 
cord the same in a book to be kept for that purpose. 

Supervising Special Agent make Record and Report. 

IV". When a Supervising Special Agent shall take possession of 
any such property, he will make a record as above required of an 



40 ABANDONED AND CONFISCABLE LANDS, 

Assistant Special Agent, and will transmit a copy thereof to the Sec- 
rctarj' of the Treasury. 

Lands, Tenements, &c., to be Leased. 

V. All propert}^ so possessed will be rented as soon as practicable 
by the Supervising Special Agent or the Assistant Special Agent, 
under his direction, having such possession. ISTo lease will be made 
for more than twelve months, and, when practicable, such property 
shall be rented from month to month. All leases will be in writing, 
and those for Plantations shall be in the following form : 

Memorandum of an Agreem.ent made tliis day of i860 

belweeii Special Agent of the Treasury Department duly appointed 

under the Acts of Congress respectively approved March 12, 18G3, and July 2, 1864, for 
taking cliarge of captured and abandoned property, and leasing abandoned and confis- 
cable lands, houses, and tenements in the Agency, and of 

in the County of and State of 

Witnesseth, that in pursuance of said Acts, and of the instructions of the Secretary of 
the Treasury, the said Agent, for and in behalf of the United States, agrees, upon the 

terms hereinafter contained, to lease to the said from the day of 

186.., to the day of 186... the following de- 
scribed lands and premises, to wit: 

And the said hereby agrees that one equal part of the pro- 
ductions realized by the cultivation and working of the plantation aforesaid shall be 
promptly gathered, prepared and delivered to the authorized Agent of the United States 

at on or before the , day of 18';... in proper 

packages and condition for transportation. 

And the said further agrees in relation to the employment and pay- 
ment of freedraen worked upon the said plantation, that he will employ and pay them, 
and provide for their families in compliance with the Regulations of the Secretary of the 
Treasury, dated July 29, 1864, concerning the employment and general welfare of freed- 
men, which Regulations are made a part of this agreement so far as Ibey relate to em- 
ployers and employed, and further that he will do all things required of him by the 
Regulations of the Secretary of the Treasury concerning abandoned, captured, and con- 
fiscable property. 
Signed, sealed and delivered l 

in presence of J 

, [L. s.] 

, [L. S.] 

When Lease is for Houses and Tenements only. 

VI. "When the lease is for houses and tenements only, then it shall 
be in the above form to the words " to lease to the said ," 

and instead of what follows therein inseVt as follows: 

from the day of , 18 , from month to month, either party 

hereto being at liberty to terminate this lease at the end of any month from the date 

hereof, the following described premises: 

And the said hereby agrees to pay the said Agent 

dollars per month, for each month from the date hereof, so long as he 

shall continue in possession of the said premises, and to pay the rent of each month in 



HOUSES, A1S3 TENEMENTS. 41 

advance, and at the expiration of this lease as aforesaid to deliver possession of the said 
property to the said Agent, or his successor, in as good condition as the same is now in, 
loss by fire or other unavoidable injury excepted. 
Signed, sealed and delivered 1 
in presence of — j 

, [i. s.] 

, [I- s.] 

Leases to be made in triplicate. 

VII. All leases of lands, houses, and tenements shall be made in 
triplicate, one of which shall be retained by the lessee, one will be 
retained by the Special Agent making the lease, and one will be for- 
warded to the Secretary of the Treasury. A record will be made by 
each agent making a lease, containing a copy thereof, a!id any facta 
connected therewith which may aflect the same. A copy of the 
record will also be made in a book kept by the Supervising Special 
Agent for that purpose. 

Agent to Receipt for Rents. 

VIII. Upon the receipt of products or money for rent, the Agent 
receiving the same will indorse his receipt therefor upon the copy of 
the lease held by the lessee, and also give him a certified copy of the 
receipt, which the lessee will promptly forward to the Secretary of 
the Treasury. 

Assistant Agents to keep Record of Rents received. 

IX. When products or money shall be received by an Assistant 
Special Agent, he will make an entry in his books of account, stating 
the products or amount of money so received, the name of the per- 
son from whom received, and the lease upon account of which they 
are paid, the date of receipt, and any other facts connected therewith 
which should be recorded. He will promptly send the products or 
money so received, with a copy of the entry made, to the proper Su- 
pervising Special Agent, who will credit the products or money in 
his books of account, and make an entry in each case similar to that 
above required, and send duplicate receipts in each case to the As- 
sistant Special Agent, who will retain one copy and send the other to 
the Secretary of the Treasury. 

Supervising Agents to keep Record of Rents received. 

X. When the products or moneys are received by a Supervising 
Special Agent, he will make the same entry above required of As- 
sistant Special Agents, in his books of account, and will send a copy 
thereof to the Secretary of the Treasury. 

Description of Confiscable Lands, Tenements, &c-, to be kept. 

XI. A careful description of all lands, houses, and tenements taken 
possession of by a Supervising Special Agent, or by his direction, as 



42 ABANDONED AND CONFISCABLE LANDS, HOUSES, AND TENEMENTS. 

confiscable, will be recorded by birn in a book kept for tbat purpose, 
in wbieli will be entered all allegations against tbe owner wbicb are 
relied on for condemnation, together with the names and residence 
of the witnesses to substantiate them, a copy of which record in each 
case will be sent to the Secretary of the Treasury. 

Copy of Record of Confiscable Lands, &c., to be sent to United States 
District Attorney in certain cases. 

XII. When any such lands, houses, and tenements are situated in 
a district within jurisdiction of a Federal Court exercising its func- 
tions, a copy of the above record, together with a statement of any 
other facts known to the Supervising Special Agent affecting the 
same, will be sent by him to the proper United States District At- 
torney, that proceedings for confiscation may be instituted, but such 
Agent will continue in charge of the property until relieved there- 
from by order of the Court in which such proceedings are instituted. 

Products Received for Rents to be Sold. 

XIII. Supervising Special Agents will sell or dispose of all pro- 
ducts received b}' them for rents, in the same manner and subject to 
the same Regulations as are prescribed by the Secretary of the Treas- 
ury concerning the sale and disposition of captured, abandoned, and 
confiscable personal property. 

Money Received for Rents to be Deposited. 

XIV. All money arising from rents, after payment therefrom of 
any expenses that may be approved by the Secretary of the Treas- 
ury, will be deposited hy the Supervising Special Agents, with a 
designated United States Depository or Assistant Treasurer, and each 
Supervising Special Agent will make a full record of all his pro- 
ceedings, and will report the same from time to time to the Secre- 
tary of the Treasury, and will render to him a monthly account 
current of all his transactions, accompanying the same with receipts 
or other vouchers for all moneys paid out by him, referring to the 
letter of approval thereof from the Secretary of the Treasury. 

Employment and Welfare of Freedmen. 

XV. In leasing abandoned and confiscable lands, provisions shall 
be made, as far as practicable, for the employment and general wel- 
fare of freedmen, and provision may be made in such leases, and also 
with those working their own lands and employing freedmen under 
rules established in relation thereto, for obtaining supplies free from 
the payment of the fee charged in other cases, and for the support 
of the helpless among such freedmen. 



FREEDMEN. 



REGULATIONS 

PROVIDING FOR THE EMPLOYMENT AND GENERAL WELFARE OF ALL PER- 
SONS WITHIN THE LINES OF NATIONAL MILITARY OCCUPATION WITHIN 
INSURRECTIONARY STATES, FORMERLY HELD AS SLAVES, WHO ARE OR 
SHALL BECOME FREE. 

Agents to carry out these Regulations. 

I. The Regulations relative to the employment and general wel- 
fare of freedmen will be carried into effect by the same Agents, and 
under the same supervision as ure provided under the Regulations 
concerning commercial intercourse. 

Freedmen's Home Colonies. 

II. There shall be established in each Special Agency one or more 
places to be known as "Freedmen's Home Colonies," where all 
freed persons within the Agency may be received and provided for 
in pursuance of these Regulations. 

Superintendent of Freedmen— His Duties. 

III. A Superintendent of Freedmen will be appointed for each one 
of these Colonies, under the general direction of the proper Super- 
vising Special Agent. Superintendents will make such arrangements 
as shall be necessary at each Colony to provide temporary shelter and 
care for persons received there, and also such buildings as are proper 
for the permanent use of those retained there; and will obtain such 
working animals and other agricultural implements of labor and 
other supplies as may be necessary and proper for the economical 
conduct of these establishments. They will also keep books of record 
in which shall be entered the name, age, condition, former owner, 
residence, and occupation of each person received in these Colonies; 
also, the marriages, births, and deaths occurring therein ; also, all 
departures, and by whom those departing are employed, for what 
purpose, at what place, and on what terms. 

Classification of Freedmen and their Wages. 

IV. All persons of proper age and condition to labor, when 
received, shall be classified by the Superintendent as follows: Sound 
persons, over 18 and under 40 years of age, shall be classed as No. 1 
hands ; over 14 and under 18, and over 40 and under 55, No. 2 ; over 12 



44 FREEDMEN. 

and under 14, and over 55, No. 3. Persons suffering from any phy- 
sical defect or infirniit}', but able to work, shall be classed as he 
considers proper. The minimum rate of wa2:es of No. 1 males shall 
be $25 per month; No. 2, $20; No. 3, |l5. Nos. 1, 2, and 3 
females, $18, $14, $10. These rates sliall not restrict mechanics and 
others from contracting for higher wages if they can do so. 

Employmont to be Pi'ovided for Preedmen of Proper Age. 

V. Superintendents will see that all persons so received, registered, 
and ehissitied, who are able to labor, are promptly provided with 
employment by lessees or others desiring their labor, upon the terms 
specified, and they will permit none over the age of twelve capable of 
labor to remain in idleness ; and they will, as far as possible, obtain 
from planters and others the names and other particulars above 
specified, of all freed persons in their employ or within their knowl- 
edge in the district within which these Colonies are located, a record 
of which shall be kept by them as above provided, and they will do 
what they consistently can to see that all such persons are provided 
with employment at rates equal to those above specified, and that 
the helpless among them are properly cared for. 

Applications for Laborers to be Received and Recorded. 

VI. Superintendents will receive and record all applications for the 
labor of freedmen, that those received may be promptly furnished 
with employment. Planters and others employing parents will be 
required to take their children with them, unless the parent prefers 
to have them remain, in which case superintendents will see that 
provision is made to ap})ly sufficient of the wages of the parent to 
support the children at the Colonj'. 

Written Agreemenrs to ba made between Employers and Employes, 

and Conditions. 

VII. Superintendents shall see that written agreements are made 
between the eniplo^yer and the employe, by which, in addition to 
the wages above lixed, the employer sliall agree tofaniish, without 
charge, sufficient quarters for the laborers, a separate tenement for 
each family, with proper regard for sanitary condition, one acre of 
ground for garden purposes to each family, fuel, medical attendance, 
and scliools for children; also, that laborers shall be paid for full 
time, unless they are sick or voluntarily neglect to work; that one- 
half their monthly wages shall be paid to the laborer during each 
month, and the other half at the end of the term of employment; 
that, in case the laborer violates his contract by voluntary absence or 
continued neglect to work, the half wages due to him shall be for- 
feited, one half to the employer, and one half to the Government to 
aid in supporting the helpless; that any wages due to the laborers, 
under the agreement, shall be a first lien upon all crops produced, 
and that no shipment of products shall be made until the Superin- 



FREEDMEN. 45 

tendent shall certify that all dues to laborers are paid or satisfactorily 
arranged ; that no labor in excess of ten hours per day shall be re- 
quired, but if more shall be performed at the request of the employer 
extra payment shall be made therefor; that the eraploj^ers shall keep 
on hand and sell to their employes, at actual cost on the plantation, 
a sufficient supply of wholesome food and proper clothing for them- 
selves and their families. 

Interest in Profits of Labor may be given instead of Wages. 

VIII. In case any person employing Freedmen to labor on planta- 
tions shall wish to give an interest in the profits of their labor instead 
of the wages above fixed, and the laborers desire to accept the same, 
an agreement in writing may be made accordingly, subject to the 
approval of the proper Superintendent. 

Where civil courts are established within reach of parties com- 
plaining under these agreements, they may seek redress there; but 
if no such courts are within reach, then the complaining party may 
state his case to a Superintendent, who, after hearing both parties, 
shall decide between them. Either party may appeal to the proper 
Supervising Special Agent, whose decision shall be final. 

Care of Aged and Infirm Freedmen. 

IX. Aged or infirm Freed persons, and orphan children under twelve 
years of age, and others unfit for regular labor who cannot be other- 
wise provided for, will be retained and provided for by Superintend- 
ents, and each Superintendent will see that all such persons under 
his care perform all such labor as is proper, considering their condi- 
tion ; and he will employ as many hands, at regular rates, as maj^ be 
requisite for produce on the plantation all things that can be raised, 
necessary to the support of the establishment, and no more; and he 
will require all freed persons temporarily there to labor without 
wages, until they can be employed elsewhere. He will provide such 
medical attendance and schools as are necessary and proper. 



Home Colonies may be Assigned to Associations upon certain Con- 

Gitions. 

X. Any Association or combination of Associations desiring to im- 
prove the condition of Freedmen, will have assigned to their care 
and general charge such Freedmen's Home Colonies as they may 
desire, and as they can give satisfactory' assurance of their ability to 
provide for. Superintendents for any such colonies will be appointed 
upon the nomination and in pursuance of the wishes of such Associ- 
ations, and every proper facility for the execution of their purposes 
will be given by the Supervising and Assistant Special Agents. As- 
sociations, desiring to operate under this clause, are notified that the 
Secretary reserves the right to revoke or modify this regulation 
whenever, in his judgment, the public interests will be promoted by 
such action. 



46 FREEDMEN. 



Reservations of Land for Freedmen's Labor Colonies. 

XL For the purpose of promoting habits of industry and self-re- 
liance among Frcedmen, and to encourage them to locate in Colonies, 
and to enable them to work advantageously, there will be reserved 
in the respective Special Agencies such contiguous, abandoned, and 
confiscable lands and plantations as may be proper for that purpose, 
for the exchisive use and cultivation of Freedmen, which reservations 
will be called Freedmen's Labor Colonies. Over each of these Colonies 
there will be appointed a Superintendent for leasing small tracts 
therein to such Freedmen as are able to work them. ; and such lessees 
shall be subject to the same conditions and entitled to the same 
rights and privileges as other lessees. 

Labor Colonies may be assigned to Associations on certain 

Conditions. 

XII. Any Associatio,ii or combination of Associations, desiring to aid 
lessees in such Colonies who have not sufiicient means to cultivate 
without aid, will have set apart to their beneficiaries such part or the 
whole of any one of these Colonies as they shall give satisfactory as- 
surance of their ability to provide for ; and in case they agree to pro- 
vide the necessary working animals, agricultural implements, seeds, 
and other aid which may be necessary for the cultivation of the 
whole of any such Colony, sucli Superintendent will be appointed as 
may be desired by the Association. Associations desiring to operate 
under this clause are notified, that the Secretary reserves the right to 
revoke or modify this Regulation whenever, in his judgment, the 
public interests will be promoted by such action. 

Schools will be Established. 

XIII. Schools will be established within these Home and Labor 
Colonies sutficient for the education of all children there under the 
age of twelve years, teachers for which will be provided by the Su- 
perintendent or by the Association, as the case may be. 

Penalties for 111 Usage of Freedmen. 

XJV. Ill usage of Freedmen by lessees or others employed by 
them, will be regarded as sufiicient ground for the forfeiture of the 
contract between lessee and laborer, or, if the case be an aggravated 
one, of the lease of a plantation. Superintendents will promptly 
and fully investigate complaints of this character, and if they prove 
to be well-founded, they will annul the contract for labor as above. 

If, in their opinion, this action is inadequate, they will report the 
case to the proper Supervising Special Agent, who may, if he thinks 
proper, cancel the lease, subject to appeal to the General Agent. 



FREEDMEN. 47 



Expenses to be approved by Secretary— Copies of all Papers to be 

Transmitted. 

XV. All expenses must be authorized and approved by tlie Secre- 
tary of the Treasury. Each Superintendent, on the first of every 
month, will furnish the Secretary of the Treasury and the proper 
Supervising Special Agent with copies of all records, agreements, 
and other papers under his charge, and also a monthly statement of 
accounts, of all receipts and expenditures, with vouchers for all 
money paid out. Supervising Special Agents will render a monthly 
account current of all receipts and expenditures within their respec- 
tive Agencies under these Regulations, accompanied with vouchers 
for all money paid by them. 



ORDER OF SECRETARY OF WAR. 



[General Orders E"o. 88.] 

"War Department, 
Washington, March 31, 1863. 

For the purpose of more efiectually preventing all commercial in- 
tercourse with insurrectionary States, except such as shall be author- 
ized in pursuance of law, and of securing consistent, uniform, and 
efficient action in conducting such intercourse as shall be so author- 
ized, aud for the purpose of carrying out the provisions of an act of 
Congress entitled "An act to provide for the collection of abandoned 
property and for the prevention of frauds in insurrectionary States," 
approved March 12, 1863, it is hereby ordered — 

I. 

That no officer of the army of the United States, nor other person 
connected therewith, shall authorize or have any interest in the trans- 
portation of any goods, wares, or merchandise (except supplies be- 
longing to or contracted for by the United States, designed for the 
military or naval forces thereof, and moving under military or naval 
orders, and except, also, sutlers' supplies and other things necessary 
for the use and comfort of the troops of the United States, and 
moving under permits of the authorized officers of the Treasury De- 
partment) into any State declared by the President to be in insur- 
rection ; nor authorize nor have any interest in the purchase or sale 
therein of any goods or chattels, wares or merchandise, cotton, to- 
bacco, or other product of the soil thereof; nor the transportation of 
the same, except as aforesaid, therefrom or therein ; nor shall any 
such officer or person authorize, prohibit, or in any manner interfere 
with any such purchase or sale or transportation, which shall be con- 
ducted under the regulations of the Secretary of the Treasury, un- 
less under some imperative military necessity, in the place or section 
where the same shall be conducted, or unless requested by an agent 
or some other authorized officer of the Treasury Department, in 
which case all commanders of military departments, districts, and 
posts, will render such aid in carrying out the provisions of the said 
act, and in enforcing due observance of the said regulations of the 
4 



60 ORDER OF SECRETARY OF WAR. 

Secretary of the Treasury, as can be given ■without manifest injury 
to the public service. 

II. 

It is further ordered that every officer or private, or person em- 
ployed in or with the regular or volunteer forces of the United 
States, who may receive or have under his control any property 
•which shall have been abandoned by the owner or owners, or cap- 
tured in any district declared to be in iusurrection against the United 
States, including all property seized under military orders, excepting 
only such as shall be required for military use of the United States 
forces, shall promptly turn over all such property to the agent ap- 
pointed by the Secretary of the Treasury to receive the same, who 
shall give duplicate receipts therefor. 

And every such officer or private, or person employed in or with 
the regular or volunteer forces of the United States, shall also 
promptly turn over to such agent, in like manner, all receipts, bills 
of lading, and other papers, documents^, and vouchers showing title 
to such property, or the right to the possession, control, or direction 
thereof; and he shall make such order, indorsement, or writing as 
he has power to make, to enable such agent to take possession of 
such property or the proceeds thereof. Arms, munitions of war, 
forage, horses, mules, wagons, beef cattle, and supplies which are 
necessary in military operations, shall be turned over to the proper 
officers of the ordnance, or of the quartermaster, or of the commis- 
sary departments, respectively, for the use of the army. All other 
property abandoned or captured or seized, as aforesaid, shall be de- 
livered to the agent appointed by the Secretary of the Treasury. 

The officer receiving or turning over such property shall give the 
usual and necessary invoices, receipts, or vouchers therefor, and shall 
make regular returns thereof, as prescribed by the Army liegulations. 
The receipts of the agents of the Treasury Department shall be 
vouchers for all property delivered to them, and whenever called 
upon by the agent of the Treasury Department authorized to receive 
such abandoned or captured or seized property, as aforesaid, or the 
proceeds thereof, all persons employed in the military service will 
give him full information in regard thereto ; and if requested by him 
so to do, they shall give him duplicates or copies of the reports and 
returns thereof, and of the receipts, invoices, and vouchers therefor. 

And every officer of the army of the United States, hereafter re- 
ceiving abandoned or captured or seized property, or the proceeds 
thereof, or under whose order it may be applied to the use of the 
military forces, as aforesaid, shall, upon request of a dulj- authorized 
agent of the Treasury Department, render a written report, with in- 
voices thereof, to said agent, in which he will specity the arms, sup- 
plies, or other munitions of war, retained for the use of the military 
forces, as aforesaid, and also, separately, the property turned over to 
said agent, or which may have been sold or otherwise disposed of. 

And in case a sale of any such property shall be made under his 



ORDER OF SECRETARY Or WAR. 51 

autliorit}^ or under the authority of any one subject to his order, he 
will so state, and will describe the property so sold, and will state 
when and where and by and to whom sold, and the amount received 
therefor, and what disposition was made of the proceeds. 

And all officers of the army of the United States, will at all times 
render to the agents appointed by the Secretary of the Treasury all 
such aid as may be necessary to enable them to take possession of and 
transport all such property, so far as can be done without manifest 
injury to the public service. 

III. 

All commanders of military departments, districts, and posts, will, 
upon receipt of this order, revoke all existing orders within their re- 
spective commands conflicting or inconsistent herewith, or which 
permit or prohibit or in any manner interfere with any trade or trans- 
portation conducted under the regulations of the Secretarj-- of the 
Treasury; and their attention is particularly directed to said reo-ula- 
tions, prescribed March 31, 1863, and they will respectively make 
such orders as will insure strict observance of this order throughout 
their respective commands. 

All expenses of transporting property herein referred to will be 
reported by the ofhcers of the quartermaster's department, who fur- 
nish such transportation, to the agents of the Treasury Department, 
and also, through the ordinary channels, to the Quartermaster General 
at Washington, in order that the said expenses may be reimbursed 
from the proceeds of sales of such transported property. 

EDWIN" M. STAI^TON, 

Secretary of War. 

War Department, 
July 29, 1861. 

The attention of all officers and soldiers of the army of the United 
States, whether volunteer or regular, is specially directed to the reg- 
ulations of the Secretary of tlie Treasury, approved by President, 
dated July 29, 1864, and superseding the regulations of September 
11, 1863; and they will in all respects observe General Order of this 
Department numbered eighty-eight, and dated March 31, 1863, with 
regard to said Regulations of July 29, 1864, as if the same had been 
originally framed and promulgated with reference to them ; and atten- 
tion is called to the several acts of Congress appended hereto and 
especially to sections nine and ten of the act approved July 2, 1864. 

EDWIN" M. STANTON, 

Secretary of War. 



ORDER OF SECRETARY OF NAVY. 



ISTavy Department, 
"Washington, March 31, 1863. 

For the purpose of more effectually preventing all commercial in- 
tercourse with insurrectionary States, except such as shall be author- 
ized in pursuance of law, and of securing consistent, uniform, and 
efficient action in conducting such intercourse as shall be so authorized, 
and for the purpose of carrying out the provisions of an act of Con- 
gress entitled "An act to provide for the collection of abandoned 
property and for the prevention of frauds in insurrectionary States," 
approved March 12, 1863, it is hereby ordered — 



That no officer of the navy of the United States, nor other person 
connected therewith shall authorize or have any interest in the 
transportation of any goods, wares, or merchandise (except supplies 
belonging to or contracted for by the United States, designed for 
the military or naval forces thereof, and moving under military or 
naval orders, and except also sutlers' supplies and other things neces- 
sary for the use and comfort of the naval forces of the United States, 
and moving under permits of the authorized officers of the Treasury 
Department) into any State declared by the President to be in insur- 
rection ; nor authorize nor have any interest in the purchase or sale 
therein of any goods or chattels, wares or merchandise, cotton, to- 
bacco, or other products of the soil thereof; nor the transportation of 
the same, except as aforesaid, therefrom or therein ; nor shall any 
such officer or person authorize, prohibit, or in any manner interfere 
with any such purchase or sale or transportation which shall be con- 
ducted under the regulations of the Secretary of the Treasury, unless 
under some imperative military necessity in the place or section where 
the same shall be conducted, or unless requested by an agent or some 
other authorized officer of the Treasury Department, in which case 
all officers of the navy of the United States and other persons con- 
nected therewith will render such aid in carrying out the provisions 
of the said act and of the law, and in enforcing due observance of the 
said regulations of the Secretary of the Treasury as can be given 
without manifest injury to the public service. 



54 ORDER OF SECRETARY OF XAYT. 



n. 

It is further ordered that every officer, sailor, or marine in the 
naval service of the United States who shall receive or have under 
his control any property vrhich shall have been abandoned by the 
owner or owners, or captured in any district declared to be in insur- 
rection against the United States, including all property seized in any 
such district, under naval orders, excepting only such as shall be re- 
quired for the use of the naval forces of the United States, and as is 
excluded by the act of March 12, 1863, shall promptly turn over all 
such property to the agent appointed by the Secretary of the Treasury, 
to receive the same, who shall give receipts therefor, if desired. 

And every such officer, sailor, or marine shall also turn over to 
such agent in like manner all receipts, bills of lading, and other 
papers, documents, and vouchers showing title to such property, or 
the right 'othe possession, control, or direction thereof: and he shall 
make such twder, indorsement, or writing as he has power to make 
to enable such agent to take possession of such property, or the pro- 
ceeds thereof. Arms, munitions of war, forage, horses, mules, 
wagons, beef cattle, and supplies which are necessary in naval oper- 
ations, shall be turned over to the proper officers for the use of the 
navy. All other property abandoned, captured, or seized, as afore- 
said, shall be delivered to the said agent of the Treasury Department. 

The officer receiving or turning over such property shall give the 
usual and necessary invoices, receipts or vouchers therefor, and shall 
make regular returns thereof as prescribed by the Xavy Regulations. 
The receipts of the agents of the Treasury Department shall be 
vouchers for all property delivered to them. And whenever called 
npon by the said agent of the Treasury Department authorized to 
receive such abandoned, or captured, or seized property, as aforesaid, 
or the proceeds thereof, all persons employed in the naval service of 
the United States will give him full information in regard thereto, 
and if requested by him so to do, they shall give him duplicates or 
copies of the reports and returns thereof, and of the receipts, in- 
voices, and vouchers therefor. 

And every officer of the navy of the United States hereafter re- 
ceiving abandoned, or captured, or seized property in any insurrec- 
tionary State as aforesaid, or the proceeds thereof, or under whose 
order it may be applied to the use of the naval forces as aforesaid, 
shall, upon request of an agent appointed by the Secretary of the 
Treasury as aforesaid, render a written report, with invoices thereof, 
to said agent, in which he will specify the arms, supplies, or other 
munitions of war retained for use of the naval forces, as aforesaid, 
and also, separately, the property turned over to said agent, or which 
may have been sold or otherwise disposed of. And in case a sale of 
any such property shall be made under his authority, or under the 
authority of any one subject to his order, he will so state, and will 
describe the property so sold, and will state when and where, and by 



OKDER OF SECRETARY OF NAVY. 55 

and to whom sold, and the amount received therefor, and what dis- 
position was made of the proceeds. 

And all officers of the navy of the United States will, at all times, 
render to the agents appointed hy the Secretary of the Treasury all 
such aid as ma}^ be necessary to enable them to take possession of 
any abandoned, or captured, or seized property aforesaid, and in 
transporting the same, so far as can be done without manifest injury 
to the public service. 

All expenses of transporting property herein referred to will be 
reported by the officers who furnish the transportation to the agent 
of the Treasury Department, and also, through the proper channels, 
to the l^avj Department at Washington, in order that the expenses 
may be reimbursed from the proceeds of sales of such transported 
property. 

III. 

All naval officers in command of squadrons, vessels, or stations, 
will, upon receipt of this order, revoke all existing orders throughout 
their respective commands conflicting or inconsistent herev^^ith, or 
which permit, or prohibit, or in any manner interfere with any trade 
or transportation conducted under the regulations of the Secretary 
of the Treasury not understood as applying to any lawful maritime 
prize by the naval forces of the United States; and their attention 
is particularly directed to said regulations, prescribed March 31, 1863, 
and they will respectively make such orders as will insure strict ob- 
servance of this order throughout their respective commands. 

GIDEON WELLES, 

Secretary of the JSfavy. 



;N"avy Department, 

July 29, 1864. 
The attention of all officers, sailors and marines of theEavy of the 
United States is especially directed to the Regulations of the Secre- 
tary of the Treasury, approved by the President, dated July 29, 1864, 
and superseding the Regulations of September 13, 1863, and they 
will, in all respects, observe the order of this Department dated March 
31, 1863, with regard to said Regulations of July 29, 1864, as if the 
same had been originally promulgated in reference to them; and 
attention is called to the several acts of Congress appended hereto, 
and especially to sections nine and ten of the said act approved July 
2, 1864. 

GIDEON AVELLES, 

Secretary of the Navy. 



ORDER OF QUARTERMASTER GENERAL. 



Quartermaster General's Office, 

"Washington City, August 4, 1864. 

[General Orders No. 32.] 

I. ..All officers of the Quartermaster's Department, upon receiving 
from the duly authorized agents of the Treasury Department writ- 
ten application for the use of transportation by land or water for 
collecting and forwarding to market, abandoned, captured, and 
confiscable property, under the Eegulations of the Secretary of the 
Treasury of 29th July, 1864, will submit such applications to their 
immediate commander, with such explanation as to the available 
means of transportation on hand, and the quantity called for by the 
application, as will enable the commanding officer to decide whether 
it can be furnished without interference with, or injary to the mili- 
tary service or operations of the troops under his command. 

If approved by the commander, the transportation will be furnished. 

11... Of all actual expenditures incurred by the Quartermaster's 
Department in executing this order, accurate account will be kept, 
which will be transmitted to the Quartermaster General, with full 
explanations, in order that the appropriation of the Quartermaster's 
Department may be reimbursed by the Treasury Department out of 
the proceeds of sales of property collected under this order. 

No charge will be made for the use of steamers and sail vessels for 
the transportation or collection of such property, unless there is 
detention during the time of collecting, loading, or discharging the 
property. 

For all time thus consumed the proper charges, as of time of 
chartered vessels, of crews, and for coal and stores consumed, will be 
made. 

M. C. MEIGS, 

Bvt. Maj. Gen. and Q. 31. Gen. 



PROCLAMATIONS OF THE PRESIDENT. 



AUGUST 16, 1861. 

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. 

A PROCLAMATION. 

Whereas, on the fifteenth day of April, eighteen hundred and sixty- 
one, the President of the United States, in view of an insurrection 
against tlie laws, Constitution, and Government of the United States, 
which had broken out within the States of South Carolina, Georgia, 
Alabama, Florida, Mississippi, Louisiana, and Texas, and in pursuance 
of the provisions of the act entitled "An act to provide for calling 
forth the militia to execute tlie laws of the Union, suppress insur- 
rections, and repel invasions, and to repeal the act now in force for 
that purpose," approved February twenty-eight, seventeen hundred 
and ninety-five, did call forth the militia to suppress said insurrection, 
and to cause the laws of the Union to be duly executed, and the in- 
surgents have failed to disperse by the time directed by the President; 
and whereas such insurrection has since broken out, and yet exists, 
within the States of Virginia, North Carolina, Tennessee, and Arkansas; 
and whereas the insurgents in all the said States claim to act under 
the authority thereof, and such claim is not disclaimed or repudiated 
by the persons exercising the functions of government in such State 
or States, or in the part or parts thereof in which such combinations 
exist, nor has such insurrection been suppressed by said States: 

Now, therefore, I, Abraham Lincoln, President of the United 
States, in pursuance of an act of Congress approved July thirteen, 
eighteen hundred and sixty-one, do hereby declare that tlie inhabit- 
ants of the said States of Georgia, South Carolina, Virginia, North 
Carolina, Tennessee, Alabama, Louisiana, Texas, Arkansas, Missis- 
sippi, and Florida, (except the inhabitants of tiiat part of the State 
of Virginia lying west of the Alleghany mountains, and of such other 
parts of that State and the other States liereinbefore named as may 
maintain a loyal adhesion to the Union and the Constitution, or may 
be, from time to time, occupied and controlled by forces of the United 
States engaged in the dispersion of said insurgents,) are in a state of in- 
surrection against the United States, and that all commercial inter- 
course between the same and the inliabitants thereof, witli the excep- 
tions aforesaid, and the citizens of other States and other parts of the 
United States is unlawful, and will remain unlawful imtil such insurrec- 



60 PROCLAMATIONS OF THE PRESIDENT. 

tion shall cease or lias been suppressed; that all goods and chattels, 
wares and merchandise, coming from any of said States, with the excep- 
tions aforesaid, into other parts of the United States, without the spe- 
cial license and permission of the Presidents through the Secretary of 
the Treasury, or proceeding to any of said States, with the exceptions 
aforesaid, by land or water, together with the vessel or vehicle convey- 
ing the same, or conveying persons to, or from said States, with said ex- 
ceptions, will be forfeited to the United States; and that, from and after 
fifteen days from the issuing of this Proclamation, all ships and vessels 
belonging in wliole or in part to any citizen or inhabitant of any of said 
States, with said exceptions, found at sea, or in any port of the United 
States, will be forfeited to the United States; and I hereby enjoin upon 
all district attorneys, marshals, and officers of the revenue and of the 
military and naval forces of the United States to be vigilant in the exe- 
cution of said act, and in the enforcement of the penalties and forfeitures 
imposed or declared by it; leaving any party who may think himself 
aggrieved thereby to his application to the Secretary of the Treasury for 
the remission of any penalty or forfeiture, which the said Secretary is 
authorized by law to grant if, in his judgment, the special circumstances 
of any case shall re(iuire such remission. 

In witness whereof I have hereunto set my hand, and caused the seal 
of the United States to be affixed. 

Done at tlie City of Washington, this sixteenth day of August, in the 
r 1 year of our Lord eighteen hundred and sixty-one, and of the In- 
'-"'-' dependence of the United States of America the eighty-sixth. 

ABRAHAM LINCOLN. 
By the President: 

William H. Seward, Secretary of State. 



JUIiY 1, 1863. 

BY THE PRESIDENT OF THE UNITED STATES. 

A PRGCLAMATIGN. 

Whereas, in and by the second section of an act of Congress passed 
on the 7th day of June, A. D. 1862, entitled " An act for the collection 
of direct taxes in insurrectionary districts within the United States, and 
for other purposes," it is made tlie duty of the President to declare, on 
or before the first day of July then next following, by his proclamation, 
in what State and parts of States insurrection exists : 

Now, therefore, be it known that I, Abraham Lincoln, President of 
the United States of America, do hereby declare and proclaim that the 
States of South Carolina, Florida, Georgia, Alabama, Louisiana, Texas, 
Mississippi, Arkansas, Tennessee, North Carolina, and the State of 
Virginia, except the following counties : Hancock, Brooke, Ohio, Mar- 
shal, Wetzel, Marion, Monongalia, Preston, Taylor, Pleasants, Tyler, 
Ritchie, Doddridge, Harrison, Wood, Jackson, Wirt, Roane, Calhoun, 
Gilmore, Barbour, Tucker, Lewis, Braxton, Upshur, Randolph, Mason, 
Putnam, Kanawha, Clay, Nicholas, Cabell, Wayne, Boon, Logan, Wyo- 



PROCLAMATIONS OF THE PRESIDENT. 61 

ming, Webster, Fayette, and Raleigh, are now in insurrection and rebel- 
lion, and by reason thereof the civil authorities of the United States is 
obstructed so that the provisions of the "Act to provide increased 
revenue from imports, to pay the interest on the public debt, and for 
other purposes," approved August fifth, eighteen hundred and sixty-one, 
cannot be peaceably executed, and that the taxes legally chargeable upon 
real estate under the act last aforesaid, lying within the States and 
parts of States as aforesaid, together with a penalty of fifty per centum 
of said taxes, shall be a lien upon the tracts or lots of the same, sever- 
ally charged, till paid. 

In witness whereof I have hereunto set my hand and caused tlie seal 
of the United States to be affixed. 

Done in the city of Washington, this first day of July, in the year of 
P our Lord one thousand eight hundred and sixty-two, and of the 

^ * * independence of the United States of America the eiglity-sixth. 

ABRAHAM LINCOLN. 

By the President: 

F. W. Seward, Acting Secretary of State. 



MARCH 31,1863. 

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. 

A PROCLAMATION. 

Whereas, in pursuance of the act of Congress approved July 13, 1861 
I did, by proclamation, dated August 16, 1861, declare that the inhabi- 
tants of the States of Georgia, South Carolina, Virginia, Nortli Caro- 
lina, Tennessee, Alabama, Louisiana, Texas, Arkansas, Mississippi, and 
Florida (except the inhabitants of that part of Virginia lying west of 
the Alleghany mountains, and of such other parts of that State, and the 
other States hereinbefore named as might maintain a loyal adhesion to 
the Union and the Constitution, or might be from time to time occupied 
and controlled by forces of the United States engaged in the dispersion 
of said insurgents) were in a state of insurrection against the United 
States, and that all commercial intercourse between the same and the 
inliabitants thereof, with the exceptions aforesaid, and the citizens of 
other States and other parts of the United States, was unlawful, and 
would remain unlawful until such insurrection should cease or be sup- 
pressed, and that all goods and chattels, wares, and merchandise comino- 
from any of said States, with the exceptions aforesaid, into other parts 
of the United States, without the license and permission of the Presi- 
dent, through the Secretary of the Treasury, or proceeding to any of 
said States, with the exceptions aforesaid, by land or water, together 
with the vessel or vehicle conveying the same to or from said States 
with the exceptions aforesaid, would be forfeited to the United States. 

And whereas experience has shown that the exceptions made in and 
by said proclamation embarrass the due enforcement of said act of July 
13, 1861, and the proper regulation of the commercial intercourse au- 
thorized by said act with the loyal citizens of said States : 



62 PROCLAMATIONS OF THE PRESIDENT. 

Now, therefore, I, Abraham Lincoln, President of the United States, 
do hereby revoke the said exceptions, and declare tliat the inhabitants 
of tlie States of Georgia, South Carolina, North Carolina, Tennessee, 
Alabama, Louisiana, Texas, Arkansas, Mississippi, Florida, and Virginia 
(except the fort)^ eight counties of Virginia designated as West Virginia, 
and except, also, the ports of New Orleans, Key West, Port Royal, and 
Beaufort, in North Carolina) are in a state of insurrection against the 
United States, and that all commercial intercourse, not licensed and con- 
ducted as provided in said act, between the said States and the inhabi- 
tants thereof, Avith the exceptions aforesaid, and the citizens of other 
States and other parts of the United States, is unlawful, and will remain 
unlawful until such insurrection shall cease or has been suppressed, and 
notice thereof has been duly given by proclamation ; and all cotton, to- 
bacco, and otlier products, and all other goods and cliattcls, wares and 
merchandise coming from any of said States, with the exceptions afore- 
said, into other parts of the United States, or proceeding to any of said 
States, with the exceptions aforesaid, without the license and permission 
of the President, through the Secretary of the Treasury, will, together 
with the vessel or vehicle conveying the same, be forfeited to the United 
States. 

In witness whereof I have hereunto set my hand and caused the seal 
P -1 of the United States to be affixed. Done at the city of Washing- 
L^" ^•■J ton, this thirty-first day of March, A. D. 1863, and of the inde- 
pendence of the United States of America the eighty-seventh. 

ABRAHAM LINCOLN. 
By the President : 

William H. Seward, 

Secretary of State. 



DECEMBER 8, 1863. 

BY THE PRESIDENT OF THE UNITED STATES. 

A PROCLAMATION. 

Whereas, in and by the Constitution of the United States, it is provided that 
the President ''shall have power to grant reprieves and pardons for offences 
against the United States, except in cases of impeachment ;" and 

Whereas a rebellion now exists whereby the loya^ State governments of several 
States have for a long time been subverted, and many persons have committed 
and are now guilty of treason against the United States ; aad 

Whereas, with reference to said rebellion and treason, laws have been enacted 
by Congress, declaring forfeitures and confiscation of property and liberation of 
slaves, all upon terms and conditions therein stated, and also declaring that the 
President was thereby authorized at any time thereafter, by proclamation, to 
extend to persons who may have participated in the existing rebellion, in any 
State or part thereof, pardon and amnesty, with such exceptions and at such 
times and on such conditions as he may deem expedient for the public welfare ; 
and 

Whereas the congressional declaration for limited and conditional pardon ac- 
cords with well-established judicial exposition of the pardoning power; and 

Whereas, with reference to said rebellion, the President of the United States 
has issued several proclamations, with provisions in regard to the liberation of 
slaves; and 

Whereas it is now desired by some persons heretofore engaged in said rebel- 
lion to resume their allegiance to the United States, and to reinaugurate loyal 
State governments within and for their respective States : 

Therefore, I, Abraham Lincoln, President of the United States, do proclaim, 
declare, and make known to all persons who have, directly or by implication, 
participated in the existing rebellion, except as hereinafter excepted, that a full 
pardon is hereby granted to them and each of them, with restoration of all rights 
of property, except as to slaves, and in property cases where rights of third par- 
ties shall have intervened, and upon the condition that every such person shall 
take and subscribe an oath, and thenceforward keep and maintain said oath in- 
violate ; and which oath shall be registered for permanent preservation, and shall 
be of the tenor and effect following, to wit : 

" I, , do solemnly swear, in presence of Almighty God, that 

I will henceforth faithfully support, protect, and defend the Constitution of the 
United States, and the union of the States thereunder; and that I will, in like 
manner, abide by and faithfully support all acts of Congress passed during the 
existing rebellion with reference to slaves, so long and so far as not repealed, 
modified, or held void by Congress, or by decision of the Supreme Court; and 
that I will, in like manner, abide by and faithfully support all proclamations of 
the President made during the existing rebellion having reference to slaves, so 
long and so far as not modified or declared void by decision of the Supreme 
Court. So help me God." 

The persons excepted from the benefits of the foregoing provisions are all who 
are, or shall have been, civil or diplomatic officers or agents of the so-called con- 
federate government; all who have left judicial stations under the United States 
to aid the rebellion ; all who are, or shall have been, military or naval officers of 
said so-called confederate government above the rank of colonel in the army, or 



PROCLAMATIONS OP THE PRESIDENT. 

of lieutenant in the navy ; all who left seats in the United States Congress to aid 
the rebellion ; all who resigned commissions in the army or navy of the United 
States, and afterwards aided the rebellion ; and all who have engaged in any way 
in treating colored persons, or white persons in charge of such, otherwise than 
lawfully as prisoners of war, and which persons may have been found in the 
United States service as soldiers, seamen, or in any other capacity. 

And I do further proclaim, declare, and make known, that whenever, in any 
of the States of Arkansas, Texas, Louisiana, Mississippi, Tennessee, Alabama, 
Georgia, Florida, South Carolina, and North Carolina, a number of persons, not 
less than one-tenth in number of the votes cast in such State at the Presidential 
election of the year of our I(prd one thousand eight hundred and sixty, each 
having taken the oath aforesaid and not having since violated it, and being a 
qualified voter by the election law of the State existing immediately before the 
so-called act of secession, and excluding all others, shall re-establish a State gov- 
ernment which shall be republican, and in nowise contravening said oath, such 
shall be recognized as the true government of the State, and the State shall re- 
ceive thereunder the benefits of the constitutional provision which declares that 
" The United States shall guaranty to every State in this Union a republican 
form of government, and shall protect each of them against invasion ; and, on 
application of the legislature, or the executive, (when the legislature cannot be 
convened,) against domestic violence." 

And I do further proclaim, declare, and make known that any provision which 
may be adopted by such State government in relation to the freed people of such 
State, which shall recognize and declare their permanent freedom, provide for 
their education, and which may yet be consistent, as a temporary arrangement, 
with their present condition as a laboring, landless, and homeless class, will not 
be objected to by the national Executive. And it is suggested as not improper, 
that, in constructing a loyal State government in any State, the name of the 
State, the boundary, the subdivisions, the constitution, and the general code of 
laws, as before the rebellion, be maintained, subject only to the modifications 
made necessary by the conditions hereinbefore stated, ancj such others, if any, 
not contravening said conditions, and which may be deemed expedient by those 
framing the new State government. 

To avoid misunderstanding, it may be proper to say that this proclamation, so 
far as it relates to State governments, has no reference to States where loyal State 
governments have all the while been maintained. And for the same reason, it 
may be proper to further say, that whether members sent to Congress from any 
State shall be admitted to seats constitutionally rests exclusively with the 
respective Houses, and not to any extent with the Executive. And still further, 
that this proclamation is intended to present the people of the States wherein 
the national authority has been suspended, and loyal State governments have 
been subverted, a mode in and by which the national authority and loyal State 
governments may be re-established within said States, or in any of them ; and, 
while the mode presented is the best the Executive can suggest, with his present 
impressions, it must not be understood that no other possible mode would be 
acceptable. 

Given under my hand at the City of Washington, the eighth day of December, 
p -J A. D. one thousand eight hundred and sixty-three, and of the independ- 
•- ■ ■-■ ence of the United States of America the eighty-eighth. 

ABRAHAM LINCOLN. 

By the President : 

Wtllfam H. Seward, Senrtar?/ of State. 



ACTS OF CONGRESS. 



AN ACT, 
Appkoved Maech 2, 1799, 

To regulate tlie collection of duties on imports and tonnage, referred to in 5th section of 
the act approved May 20, 1862, and 4th section of the act approved March 12, 1863, 
appended hereto. 

Sec 91. And he it fwther enacted, That all fines, penalties, and for- 
feitures recovered by virtue of this act (and not otherwise appropriated) 
shall, after deducting all proper costs and charges, be disposed of as fol- 
lows : one moiety shall be for the use of the United States, and be paid 
into the Treasury thereof by the collector receiving the same; the other 
moiety shall be divided between, and paid in equal proportions to the 
collector and naval officer of the district and surveyor of the port 
wherein the same shall have been incurred, or to such of the said officers 
as there may be in the said district; and in districts where only one of 
the aforesaid officers shall have been established, the said moiety shall 
be given to such officer. 

Provided, nevertheless, That in all cases where such penalties, fines, 
and forfeitures shall be recovered in pursuance of information given to 
such collector by any person other than the naval officer or surveyor of 
the district, the one half of such moiety shall be given to such informer, 
and the remainder thereof shall be disposed of between the collector, 
naval officer, and surveyor or surveyors, in manner aforesaid. 

Provided, also. That where any fines, forfeitures, and penalties incurred 
by virtue of this act, are recovered in consequence of any information 
given by any officer of a revenue cutter, they shall, after deducting all 
proper costs and charges, be disposed of as follows : one fourth part 
shall be for the nse of the United States, and paid into the Treasury 
thereof in manner as before directed; one fourtli part for tlie officers of 
the customs, to be distributed as hereinbefore set forth; and the remain- 
der thereof to the officers of such cutter, to be divided among them 
agreeably to tlieir pay. 

And pyovided, likeioise. That whenever a seizure, condemnation, and 
sale of goods, wares, or merchandise shall take place within the United 
States, and the value thereof shall be less than two hundred and fifty 
dollars, that part of the forfeiture which accrues to the United States, 
or so much thereof as may be necessary, shall be applied to the payment 
of the cost of prosecution. 

And he it further provided, That if any officer or other person entitled 
to a part or share of any of the fines, penalties, or forfeitures incurred 
in virtue of this act, shall be necessary as a witness on the trial for such 



64 ACTS OF CONGRESS. 

fine, penalty, or forfeiture, such officer or other person may be a witness 
upon the said trial; but in such case he shall not receive, nor be entitled 
to any part or share of tlie said fine, penalty, or forfeiture, and the part 
or share to which he otherwise would have been entitled, shall revert to 
the United States. 

Approved March 2, 1799. 



AN ACT,] 
Approved July 13, 1861,^ 

Further to provide for the collection of duties on imports, and for other purposes. 

Be it enacted hy the Senate and House of Representatives of the United 
States of America in Congress assembled, That whenever it shall, in the 
judgment of the President, by reason of unlawful combinations of per- 
sons in opposition to the laws of the United States, become impracti- 
cable to execute the revenue laws and collect the duties on imports by 
ordinary means, in the ordinary way, at any port of entry in any collec- 
tion district, he is authorized to cause such duties to be collected at any 
port of delivery in said district until such obstruction shall cease; and 
in such case the surveyors at said ports of delivery shall be clothed with 
all the powers and be subject to all the obligations of collectors at ports 
of entry; and the Secretary of the Treasury, with the approbation of 
the President, shall appoint such number of weighers, gangers, measu- 
rers, inspectors, appraisers, and clerks, as may be necessary, in his judg- 
ment, for the faithful execution of the revenue laws at said ports of 
delivery, and shall fix and establish the limits within which such ports 
of delivery are constituted ports of entry, as aforesaid; and all the pro- 
visions of law regulating the issue of marine papers, the coasting trade, 
the warehousing of imports, and collection of duties, shall apply to the 
ports of entry so constituted in the same manner as they do to ports of 
entry established by the laws now in force. 

Sec. 2. Jind he it farther enacted, That if, from the cause mentioned 
in the foregoing section, in the judgment of the President, the revenue 
from duties on imports cannot be effectually collected at any port of 
entry in any collection district, in the ordinary way and by the ordinary 
means, or by the course provided in the foregoing section, then and in 
that case he may direct that the custom-house for the district be estab- 
lished in any secure place within said district, cither on land or onboard 
any vessel in said district, or at sea near the coast; and in such case the 
collector sliall reside at such place, or on shipboard, as the case may be, 
and there detain all vessels and cargoes arriving within or approacliing 
said district, until the duties imposed by law on said vessels and their 
cargoes are paid in cash: Provided, That if the owner or consignee of 
the cargo on board any vessel detained as aforesaid, or the master of 
said vessel, sliall desire to enter a port of entry in any other district of 
the United States where no such obstructions to the execution of the 
laws exist, the master of such vessel may be permitted so to change the 
destination of the vessel and cargo in his manifest, whereupon the col- 
lector shall deliver him a written permit to proceed to the port so des- 



ACTS OF CONaRESS. 65 

ignated : And provided further^ That the Secretary of the Treasury- 
shall, with the approbation of the President, make proper regulations 
for the enforcement on shipboard of such provisions of the laws regula- 
ting the assessment and collection of duties as in his judgment may be 
necessary and practicable. 

Sec. 3. And he it further enacted, That it shall be unlawful to take 
any vessel or cargo detained as aforesaid from the custody of the proper 
officers of the customs, unless by process of some court of the United 
States; and in case of any attempt otherwise to take such vessel or cargo 
by an}^ force, or combination, or assemblage of persons, too great to be 
overcome by the officers of the customs, it shall and may be lawful for 
the President, or such person or persons as he shall have empowered 
for that purpose, to employ such part of the army or navy or militia of 
the United States, or such force of citizen volunteers as may be deemed 
necessary, for the purpose of preventing the removal of such vessel or 
cargo, and protecting the officers of the customs in retaining the custody 
thereof. 

Sec. 4, And. he it further enacted, That if, in ihe judgment of the 
President, from the cause mentioned in the first section of this act, the 
duties upon imports in any collection district cannot be effectually col- 
lected by the ordinary means and in the ordinary way, or in the moda 
and manner provided in the foregoing section of this act, then and in 
that case the President is hereby empowered to close the port or ports 
of entry in said district, and in such case give notice thereof by procla- 
mation; and thereupon all right of importation, warehousing, and other 
privileges incident to ports of entry, shall cease and be discontinued at 
such port so closed, until opened by the order of the President on the 
cessation of such obstructions; and if, while said ports are so closed, 
any ship or vessel from beyond the United States, or having on board 
any articles subject to duties, shall enter or attempt to enter any such 
port, the same, together with its tackle, apparel, furniture, and cargo, 
shall be forfeited to tlie United States. 

Sec. 5. And he it further enacted, That whenever the President, in 
pursuance of the provisions of the second section of the act entitled "An 
act to provide for calling forth the militia to execute the laws of tha 
Union, suppress insurrections, and repel invasions, and to repeal the act 
now in force for that purpose,'" approved February twenty-eight, seven- 
teen hundred and ninety-five, shall have called forth the militia to sup- 
press combinations against tlie laws of the United States, and to cause 
the laws to be duly executed, and the insurgents shall have failed to dis- 
perse by the time directed by the President, and when said insurgents 
claim to act under the authority of any State or States, and such claim 
is not disclaimed or repudiated by the persons exercising the functions 
of government in such State or States, or in the part or parts thereof 
in which said combination exists, nor such insurrection suppressed by 
said State or States, then and in such case it may and shall be lawful for 
the President, by proclamation, to declare that the inhabitants of such 
State, or any section or part thereof, where such insurrection exists, are 
in a state of insurrection against the United States; and thereupon all 
commercial intercourse by and between the same and the citizens thereof 
5 



t)6 ACTS OF CONGRESS, 

and the citizens of the rest of the United States shall cease and be un- 
lawful so long- as such condition of hostility shall continue; and all 
goods and chattels, wares and merchandise, coming from said State or 
section into the otlier parts of the United States, and all proceeding to 
such State or section by land or water, shall, together wnth the vessel or 
vehicle conveying the same, or conveying persons to or from sucli State 
or section, be forfeited to the United States: Provided, hozvever, That 
the President may, in his discretion, license and permit commercial in- 
tercourse with any such part of said State or section, the inhabitants of 
which are so declared in a state of insurrection, in such articles, and for 
such time, and by such persons, as he, in his discretion, may think most 
conducive to the public interest; and such intercourse, so far as by him 
licensed, shall be conducted and carried on only in pursuance of rules 
and regulations prescribed by the Secretary of the Treasury. And the 
Secretary of the Treasury may appoint such officers, at places where 
officers of the customs are not now authorized by law, as may be needed 
to carry into effect such licenses, rules, and regulations; and officers of 
the customs and other officers shall receive for services under this sec- 
tion, and under said rules and regulations, such fees and compensation 
as are now allowed for similar service under other provisions of law. 

Sec. 6. And be it further enacted, That from and after fifteen days 
after the issuing of the said proclamation, as provided in tlie last fore- 
going section of this act, any ship or vessel belonging in whole or in 
part to any citizen or inhabitant of said State or part of a State whose 
inhabitants are so declared in a state of insurrection, found at sea, or in 
any port of the rest of the United States, shall be forfeited to the United 
States. 

Sec. 7. And he it fnrtlier enacted^ That, in the execution of the pro- 
visions of this act, and of the other laws of the United States providing 
for the collection of duties on imports and tonnage, it may and shall be 
lawful for the President, in addition to tlie revenue cutters in service, 
to employ in aid thereof such other suitable vessels as may, in his judg- 
ment, be required. 

Sec. 8. And, he it further enacted, That the forfeitures and penalties 
incurred by virtue of this act may be mitigated or remitted, in pursu- 
ance of the authority vested in the Secretary of the Treasury by the act 
entitled "An act providing for mitigating or remitting the forfeitures, 
penalties, and disabilities accruing in certain cases tlierein mentioned," 
approved March third, seventeen hundred and ninety-seven, or in cases 
where special circumstances may seem to require it, according to regula- 
tions to be prescribed b}^ the Secretary of the Treasury. 

Sec. 9. And he it further enacted, That proceedings on seizures for 
forfeitures under this act maybe pursued in the courts of the United 
States in any district into which the property so seized may be taken 
and proceedings instituted; and such courts shall have and entertain 
as full jurisdiction over the same as if the seizure was made in that 
district. 

Approved July 13, 1861. 



ACTS OF CONGRESS. 6,7 

AN ACT, 
Approved May 20, 1852. 

Supplementary to an act approved on the thirteenth July, eighteen hundred and sixty- 
one, entitled "An act to provide for the collection of duties on imports, and for other 
purposes." 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the Secretary of the 
Treasury, in addition to the powers conferred upon him by the act of 
the thirteenth July, eighteen hundred and sixty-one, be, and he is hereby 
authorized to refuse a clearance to any vessel or other vehicle laden with 
goods, wares, or merchandise, destined for a foreign or domestic port, 
whenever he shall have satisfactory reason to believe that such goods, 
wares, or merchandise, or any part thereof, whatever may be their osten- 
sible destination, are intended for ports or places in possession or under 
control of insurgents against the United States; and if any vessel or 
other vehicle for which a clearance or permit shall have been refused by 
the Secretary of the Treasury, or by his order, as aforesaid, shall depart 
or attempt to depart for a foreign or domestic port without being duly 
cleared or permitted, such vessel or other vehicle, with her tackle, appa- 
rel, furniture, and cargo, shall be forfeited to the United States. 

Sec. 2. And be it •further enacted, That whenever a permit or clear- 
ance is granted for either a foreign or domestic port, it shall be lawful 
for the collector of the customs granting the same, if he shall deem it 
necessary, under the circumstances of the case, to require a bond to be 
executed by the master or tlie owner of the vessel, in a penalty equal to 
the value of the cargo, and with sureties to the satisfaction of such col- 
lector, that the said cargo shall be delivered at the destination for which 
it is cleared or permitted, and that no part thereof shall be used in 
affording aid or comfort to any person or parties in insurrection against 
the authority of the United States. 

Sec. 3. And be it further enacted, That the Secretary of the Treasury 
be, and he is hereby, further empowered to prohibit and prevent the 
transportation in any vessel or upon any railroad, turnpike, or other 
road or means of transportation within the United States, of any goods, 
wares, or merchandise, of whatever character, and whatever may be the 
ostensible destination of the same, in all cases -where there shall be sat- 
isfactory reasons to believe that such goods, wares, or merchandise are 
intended for any place in the possession or under the control of insur- 
gents against the United States; or that there is imminent danger that 
such goods, wares, or merchandise will fall into the possession or under 
the control of such insurgents; and ho is further authorized, in all cases 
where he shall deem it expedient so to do, to require reasonable security 
to be given that goods, wares, or merciiandise sliall not be transported 
to any place under insurrectionary control, and shall not, in any way, be 
used to give aid or comfort to such insurgents; and he may establish all 
such general or special regulations as may be necessary or proper to 
carry into effect the purposes of this act; and if any goods, wares, or 
merchandise shall be transported in violation of this act, or of any reg- 
ulation of the Secretary of the Treasury, established in pursuance 



68 ACTS OF CONGRESS. 

thereof, or if any attempt shall be made so to transport them, all goods, 
wares, or merchandise so transported or attempted to be transported 
shall be forfeited to the United States. 

Sec. 4. ^ind be if/nrfker enacted, That tlie proceedings for the penal- 
ties and forfeitures accruing under this act may be pursued, and the same 
may be mitigated or remitted by tlie Secretary of the Treasury in the 
modes prescribed by the eighth and ninth sections of the act of July 
thirteenth, eighteen hundred and sixty-one, to which this act is supple- 
mentary. 

Sec. 5. And he it further enacted, That the proceeds of all penalties 
and forfeitures incurred under this act, or the act to which this is sup- 
plementary, sliall be distributed in the manner provided by tlie ninety- 
first section of the act of March second, seventeen hundred and ninety- 
nine, entitled " An act to regulate the collection of duties on imports 
and tonnage." 

Approved May 20, 1862. 



AN ACT, 
Approved July 17, 1862, 

To suppress Insurrection, to punish Treason and Rebellion, to seize and confiscate the 
property of Rebels, and for other purposes. 

Be it enacted by the Senate and House of Bepresentatives of the United 
States of America in Congress assemhied, That every person who shall 
hereafter commit tlie crime of treason against the United Slates, and 
shall be adjudged guilty tliereof, shall suffer death, and all his slaves, if 
any, shall be declared and made free; or, at the discretion of the court, 
he shall be imprisoned for not less than five years and fined not less than 
ten thousand dollars, and all his slaves, if any, shall be declared and 
made free, said fine sliall be levied and collected on any or all of the 
property, real and personal, excluding slaves, of wliich the said person 
so convicted was the owner at the time of committing the said crime, 
any sale or conveyance to the contrary notwithstanding. 

Sec. 2. And be it further enacted, That if any person shall hereafter 
incite, set on foot, assist, or engage in any rebellion or insurrection 
against the authority of the United States, or the laws thereof, or shall 
give aid or comfort thereto, or shall engage in, or give aid and comfort 
to, any such existing rebellion or insurrection, and be convicted thereof, 
such person shall be punished by imprisonment for a period not exceed- 
ing ten years, or by a fine not exceeding ten thousand dollars, and by 
the liberation of all his slaves, if any he have; or by both of said pun- 
ishments, at the discretion of the court. 

Sec. 3. Jind he it further enacted. That every person guilty of either 
of the offences described in this act shall be forever incapable and dis- 
qualified to hold any office under the United States. 

Sec. 4. And be it further enacted, That this act shall not be construed 
in any way to affect or alter the prosecution, conviction, or punishment 
of any person or persons guilty of treason against the United States 



ACTS OF CONGRESS. 69 

oefore the passage of this act, unless such person is convicted under this 
act. 

Sec. 5. And he it further enacted^ That, to insure the speedy termi- 
nation of the present rebellion, it shall be the duty of the President of 
the United States to cause the seizure of all the estate and property, 
money, stocks, credits, and effects of tlie persons hereinafter named in 
this section, and to apply and use the same and the proceeds thereof for 
the support of tlie army of the United States, that is to say: 

First. Of any pei'son hereafter acting as an officer of the army or' 
navy of the rebels in arms against the government of the United States. 

Secondly. Of any person hereafter acting as President, Vice-President, 
member of Congress, judge of any court, cabinet officer, foreign min- 
ister, commissioner or consul of the so-called confederate States of 
America. 

Thirdly. Of any person acting as Governor of a State, member of a 
convention or legislature, or Judge of any court of any of the so-called 
Confederate States of America. 

Fourthly. Of any person who, having held an office of honor, trust, 
or profit in the United States, shall hereafter hold an office in the so- 
called Confederate States of America. 

Fifthly. Of any person hereafter holding an office or agency under the 
government of the so-called Confederate States of America, or under 
any of the several States of the said Confederacy, or the laws thereof, 
whether such office or agency be national, state, or municipal in its name 
or character: Provided, That tlie persons, thirdly, fourthly, and fifthly 
above described shall have accepted their appointment or election since 
the date of the pretended ordinance of secession of the State, or shall 
have taken an oath of allegiance to, or to support the constitution of the 
so-called Confederate States. 

Sixthly, Of any person who, owning property in any loyal State or 
Territory of the United States, or in the District of Columbia, shall 
hereafter assist and give aid and comfort to such rebellion; and all sales, 
transfers, or conveyances of any such property shall be null and void; 
and it shall be a sufficient bar to any suit brought by such person for the 
possession or the use of such property, or any of it, to allege and prove 
that he is one of the persons described in this section. 

Sec. 6. And he it further enacted, That if any person within any 
State or Territory of the United States, other than those named as afore- 
said, after the passage of this act, being engaged in armed rebellion 
against the Government of the United States, or aiding or abetting such 
rebellion, shall not, within sixty days after public warning and procla- 
mation duly given and made by the President of the United States, cease 
to aid, countenance, and abet such rebellion, and return to his allegiance 
to the United States, all the estate and property, moneys, stocks, and 
credits of such person shall be liable to seizure as aforesaid, and it shall 
be the duty of the President to seize and use them as aforesaid or the 
proceeds thereof. And all sales, transfers, or conveyances, of any such 
property after the expiration of the said sixty days from the date of 
such warning and proclamation shall be null and void; and it shall be a 
sufficient bar to any suit brought by such person for the possession or the 



10 ACTS OP CONGRESS. 

use of such property, or any of it, to allege and prove that he is one of 
the persons described in this section. 

Sec. 7. And be it further enacted. That to secure the condemnation 
and sale of any of such property, after the same shall have been seized, 
so that it may be made available for the purpose aforesaid, proceedings 
in rem shall be instituted in the name of the United States in any dis- 
trict court thereof, or in any territorial court, or in the United States 
district court for the District of Columbia, within wliich the property 
above described, or any part thereof, may be found, or into which the 
same, if movable, may first be brought, wliich proceedings shall conform 
as nearly as may be to proceedings in admiralty or revenue cases, and if 
said property, whether real or })ersonal, shall be found to have belonged 
to a person engaged in rebellion, or who has given aid or comfort 
thereto, the same shall be condemned as enemies' property and become 
the property of the United States, and may be disposed of as the court 
shall decree and the proceeds thereof paid into the treasury of the 
United States for the pui-i)oses aforesaid. 

Sec. 8. And he it further enacted, That the several courts aforesaid 
shall have power to make such orders, establish such forms of decree and 
sale, and direct such deeds and conveyances to be executed and deliv- 
ered by the marsiials thereof where real estate shall be the subject of 
sale, as shall fitly and efficiently effect tiie purposes of this act, and vest 
in the purchasers of such property good and valid titles thereto. And 
the said courts shall have power to allow such fees and charges of their 
officers as shall be reasonable and proper in the premises. 

Sec. 9. And be it further enacted, That all slaves of persons who shall 
hereafter be engaged in rebellion against the Government of the United 
States, or who shall in any way give aid or comfort thereto, escaping 
from such persons and taking refuge within the lines of the army ; and 
all slaves captured from such persons or deserted by them and coming 
under the control of the Government of the United States; and all 
slaves of such persons found on [or] being within any place occupied by 
rebel forces and afterwards occupied by the forces of the United States, 
shall be deemed captives of war, and shall be forever free of their ser- 
vitude, and not again held as slaves. 

Sec. 10. And be it further enacted, That no slave escaping into any 
State, Territory, or the District of Columbia, from any other State, shall 
be delivered up, or in any way impeded or hindered of his liberty, except 
for crime, or some offence against the laws, unless the person claiming 
said fugitive shall first make oath that the person to whom the labor or 
service of such fugitive is alleged to be due is his lawful owner, and has 
not borne arms against the United States in the present rebellion, nor 
in any way given aid and comfort thereto; and no person engaged in the 
military or naval service of the United States shall, under any pretence 
whatever, assume to decide on the validity of the claim of any person 
to the service or labor of any other person, or surrender up any such 
person to the claimant, on pain of being dismissed from the service. 

Sec. 11. And be it further enacted, That the President of the United 
States is authorized to employ as many persons of African descent as he 
may deem necessary and jiroper for the suppression of this rebellion, 



ACTS OP CONGRESS. 71 

and for this purpose he may organize and use them in such manner as he 
may judge best for the public welfare. 

Sec. 12. And he it further enacted, That the President of the United 
States is hereby authorized to make provision for the transportation, 
colonization, and settlement, in some tropical country beyond the limits 
of the United States, of such persons of the African race, made free by 
the provisions of this act, as may he willing to emigrate, having first 
obtained the consent of the government of said country to their protec- 
tion and settlement within the same, with all the rights and privileges 
of freemen. 

Sec. 13. And he it 'further enacted, That the President is hereby au- 
thorized, at any time hereafter, by proclamation, to extend to persons 
who F'ay have participated in the existing rebellion in any State or part 
thereof, pardon and amnesty, with such exceptions and at such time and 
on such conditions as he may deem expedient for the public welfare. 

Sec. 14. And he it further enacted, That the courts of the United 
States shall have full power to institute proceedings, make orders and 
decrees, issue process, and do all other things necessary to carry this act 
into effect. 

Approved July 17, 1862. 



AN ACT, 
Approved March 12, 1863, 

To provide for the collection of abandoned property and for tiie prevention of frauds in 
insurrectionary districts witliin the United States. 

Be it enacted by the Senate and House of Representatives of the United 
Staies of America in Congress assembled, That it shall be lawful for the 
Secretary of the Treasury, from and after the passage of this act, as he 
shall from time to time see fit, to appoint a special agent or agents to 
receive and collect all abandoned or captured property in any State or 
Territory, or any portion of any State or Territory of tlie United States, 
designated as in insurrection against the lawful government of the United 
States by the proclamation of the President of July first, eighteen hun- 
dred and sixty-two: Provided, That such property shall not include any 
kind or description which has been used, or which was intended to be 
used, for waging or carrying on war against the United States, such as 
arms, ordnance, ships, steamboats, or other water craft, and the furni- 
ture, forage, military supplies, or munitions of war. 

Sec. 2. And be it further enacted, That any part of the goods or 
property received or collected by such agent or agents may be appro- 
priated to public use on due appraisement and certificate thereof, or 
forwarded to any place of sale within the loyal States as the public 
interests may require; and all sales of such property shall be at auction 
to the highest bidder, and tlie proceeds thereof shall be paid into the 
treasury of the United States. 

Sec. 3. And heit further enacted. That the Secretary of the Treasury 
may require the special agents appointed under this act to give a bond 



72 ACTS OF CONGRESS. 

with such securities and in such amount as he shall deem necessary, and 
to require the increase of said amounts, and the strengthening of said 
security, as circumstances may demand ; and he shall also cause a book 
or books of account to be kept, showing from whom sucli property was 
received, tlie cost of transportation, and the proceeds of the sale thereof. 
And any i)erson claiming to have been tlie owner of any such abandoned 
or captured property may, at any time within two years after the sup- 
pression of the rebellion, prefer his claim to the proceeds thereof in the 
Court of Claims ; and on proof to the .satisfaction of said court of his 
ownership of said property, of his right to tlie proceeds thereof, and 
that he has never given any aid or comfort to the present rebellion, to 
receive the residue of such proceeds, after the deduction of any purchase 
money which may have been paid, together with the expanse of trans- 
portation and sale of said property, and any other lawful expenses at- 
tending the disposition thereof. 

Sec. 4. Jlnd be it further enacted, That all property coming into any 
of the United States not declared in insurrection as aforesaid, from 
within any of the States declared in insurrection, through or by any 
other person than any agent duly appointed under the provisions of this 
act, or under a lawful clearance by the proper officer of the Treasury 
Department, shall be confiscated to the use of the Government of the 
United States. And the proceedings for the condemnation and sale of 
any such property shall be instituted and conducted under the direction 
of the Secretary of the Treasury, in the mode prescribed by the eighty- 
ninth and nineteenth sections of the act of March second, seventeen hun- 
dred and ninety-nine, entitled " An act to regulate the collection of du- 
ties on imports and tonnage." And any agent or agents, person or per- 
sons, by or through whom such property shall come within the lines of 
the United States unlawfully, as aforesaid, shall be judged guilty of a 
misdemeanor, and on conviction thereof shall be fined in any sum not 
exceeding one thousand dollars, or imprisonment for any time not ex- 
ceeding one year, or both, at the discretion of the court. And the fines, 
penalties and forfeitures accruing under this act may be mitigated or 
remitted in the mode prescribed by the act of March three, seventeen 
hundred and ninety-seven, or in such manner, in special cases, as the 
Secretary of tlie Treasury may prescribe. 

Sec. 5. And he it further enacted, That the fifth section of the " Act 
to further provide for the collection of the revenue upon the northern, 
northeastern, and northwestern frontier, and for other purposes," ap- 
proved July fourteen, eighteen hundred and sixty-two, shall be so con- 
strued as to allow the temporary officers which had been or may be 
appointed at ports which have been or may be opened or established in 
States declared to be in insurrection by the proclamation of the Presi- 
dent on the first of July, eighteen hundred and sixty-two, the same com- 
pensation which by law is allowed to permanent officers of the same 
position, or the ordinary compensation of special agents, as the Secretary 
of the Treasury may determine. 

Sec. 0. And he it further enacted. That it shall ])C the duty of every 
officer or private of the regular or volunteer forces of the United States, 
or anv officer, sailor, or marine in the naval service of the United States, 



ACTS OF CONGRESS. 73 

upon the inland waters of the United States, who may take or receive 
any such abandoned property, or cotton, sugar, rice, or tobacco, from 
persons in such insurrectionary districts, or have it under his control, to 
turn the same over to an agent appointed as aforesaid, who shall give a 
receipt therefor ; and in case he shall refuse or neglect so to do, he shall 
be tried by a court-martial and shall be dismissed from the service, or, if 
an officer, reduced to the ranks, or suifer such other punishment as said 
court shall order, with the approval of the President of the United 
States. 

Sec. 7. And he it further enacted, That none of the provisions of this 
act shall apply to any lawful maritime prize by the naval forces of the 
United States. 

Approved March 12, 1863. 



AN ACT, 
Approved July 2, 1864, 

In addition to the several acts concerning commercial intercourse between loyal and in- 
surrectionary States, and to provide for the collection of captured and abandoned 
property, and the prevention of frauds in States declared in insurrection. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That sales of captured and 
abandoned property under the act approved March twelve, eighteen 
hundred and sixty-three, may be made at such places, in States declared 
in insurrection, as may be designated by the Secretary of the Treasury, 
as well as at other places now authorized by said act. 

Sec. 2. And be it further enacted, That, in addition to the captured 
and abandoned property to be received, collected, and disposed of, as 
provided in said act, the said agents shall take charge of and lease, for 
periods not exceeding twelve months, the abandoned lands, houses, and 
tenements within the districts therein named, and shall also provide, in 
such leases or otherwise, for the employment and general welfare of all 
persons within the lines of national military occupation within said in- 
surrectionary States formerly held as slaves, who are or shall become 
free. Property, real or personal, shall be regarded as abandoned when 
the lawful owner thereof shall be voluntarily absent therefrom, and en- 
gaged, either in arms or otherwise, in aiding or encouraging the rebel- 
lion. 

Sec. 3. And be it furtlier enacted. That all moneys arising from the 
leasing of abandoned lands, houses, and tenements, or from sales of cap- 
tured and abandoned property collected and sold in pursuance of said 
act or of this act, or from fees collected under the rules and regulations 
made by the Secretary of the Treasury, and approved by the President, 
dated respectively the twenty-eighth day of August, eighteen hundred 
and sixty-two, the thirty-first day of March, and the eleventh day of 
September, eighteen hundred and sixty-three, or under any amendments 
or modifications thereof, which have been or shall be made by the Sec- 
retary of the Treasury, and approved by the President, for conducting 
the commercial intercourse which has been or shall be licensed and per- 
6 



74 ACTS OF CONGRESS. 

mitted by the President, with and in States declared in insurrection, 
shall, after satisfying therefrom all proper and necessary expenses to be 
approved by tlie Secretary of the Treasury, be paid into the treasury of 
the United States ; and all accounts of moneys received or expended in 
connexion therewith shall be audited by the proper accounting officers 
of the treasury. That the first section of the "Act to provide for the 
collection of abandoned property and for the prevention of fraud in in- 
surrectionary districts in the United States," approved March twelve, 
eighteen hundred and sixty-three, is hereby extended so as to include 
the descriptions of property mentioned in an act entitled "An act further 
to provide for the collection of duties on imports, and for other pur- 
poses," approved July thirteen, eigliteen hundred and sixty-one, and an 
act entitled "An act to suppress insurrection, to punish treason and re- 
bellion, to seize and confiscate the property of rebels, and for other 
purposes," approved July seventeen, eighteen hundred and sixty-two, 
respectively ; and that tlie sales provided for in said act first mentioned 
may be made at such place as may be designated by the Secretary of tlie 
Treasury. And section six of said first-mentioned act is hereby amended 
so as to include every description of property mentioned in the acts of 
July thirteen, eighteen hundred and sixty-one, and July seventeen, eigh- 
teen hundred and sixty-two, aforesaid ; and that all property, real or 
personal, described in the acts to which tliis is in addition, shall be re- 
garded as abandoned when the lawful owner thereof shall be voluntarily 
absent therefrom, and engaged, either in arms or otherwise, in aiding or 
encouraging tlie rebellion. 

Sec. 4. Arid be it further enacted, That tlie prohibitions and provisions 
of the act approved July thirteen, eighteen hundred and sixty-one, and 
of the acts amendatory or supplementary tliereto, shall apply to all com- 
mercial intercourse by and between persons residing or being within 
districts within the present or future lines of national military occupa- 
tion in the States or parts of States declared in insurrection, whether 
with each other or with persons residing or being within districts de- 
clared in insurrection and not within those lines ; and that all persons 
within the United States, not native or naturalized citizens thereof, shall 
be subject to the same prohibitions, in all commercial intercourse with 
inhabitants of States or parts of States declared in insurrection, as 
citizens of loyal States are subject to under the said act or acts. 

Sec. 5. And he it further enacted, That whenever any part of a loyal 
State shall bo under the control of insurgents, or shall l)e in dangerous 
proximity to places under their control, all commercial intercourse 
therein and therewith shall be subject to the same prohibitions and con- 
ditions as are created by the said acts, as to sucli intercourse between 
loyal and insurrectionary States, for such time and to such extent as 
shall from time to time become necessary to protect the public interests, 
and be directed by the Seeretai-y of the Treasury, with the approval of 
the President. 

Sec. (). And he it further enacled, That so mucli of the fifth section of 
tlie act apjn-ovcd May twenty, eighteen hundied nnd sixty-two, and the 
fourth section of the act approved March twelve, eighteen hundred and 
sixty-three, as directs the manner of distributing fines, penalties, and for- 
feitures, is hereby repealed, and that, in lieu of the distribution thereby 



ACTS OF CONGRESS. 75 

directed to be made to informers, collectors, and other officers of the 
customs, the court decreeing condemnation may award such compensa- 
tion to customs officers, informers, or otlier persons, for any service con- 
nected therewith, as will tend to promote vigilance in protecting the 
public interests, and as shall be just and equitable, in no case, however, 
to exceed the aggregate amount heretofore directed by the said fifth 
section. 

Sec. 7. And he it further enacted, That no property seized or taken 
upon any of the inland waters of the United States by the naval forces 
thereof, shall be regarded as maritime prize ; but all property so seized 
or taken shall be promptly delivered to the proper officers of tlie courts, 
or as provided in this act and in the said act approved March twelve, 
eighteen hundred and sixty-three. 

Sec. 8. And he it further enacted^ That it shall be lawful for the Sec- 
retary of the Treasury, with the approval of the President, to authorize 
agents to purchase for the United States any products of States declared 
in insurrection, at such places therein as shall be designated by him, at 
such prices as shall be agreed on with the seller, not exceeding the mar- 
ket value thereof at tlie place of delivery, nor exceeding three-fourths 
of the market value thereof in the city of New York at the latest quo- 
tations known to the agent purchasing: Provided, That no part of the 
purchase money for any products so purchased shall be paid, or agreed 
to be paid, out of any other fund than that arising from property sold 
as captured or abandoned, or purchased and sold under the provisions 
of this act. All property so purchased shall be forwarded for sale at 
such place or places as shall be designated by the Secretary of the 
Treasury, and the moneys arising therefrom, after payment of the pur- 
chase money and tlie other expenses connected therewith, shall be paid 
into the treasury of the United States ; and the accounts of all moneys 
so received and paid shall be rendered to, and audited by, the propec 
accounting officers of the treasury. 

Sec. 9. And he it further enacted, That so much of section five of the 
act of thirteen til of July, eighteen hundred and sixty-one, aforesaid, as 
authorizes the President, in his discretion, to license or permit commer- 
cial relations in any State or section the inhabitants of which are de- 
clared in a state of insurrection, is hereby repealed, except so far as 
may be necessary to authorize supplying the necessities of loyal persons 
residing in insurrectionary States, within the lines of actual occupation 
by the military forces of the United States, as indicated by published 
order of the commanding general of the department or district so occu- 
pied ; and, also, except so far as may be necessary to autliorize persons 
residing within such lines to bring or send to market in the loyal States 
any products which they shall have produced with their own labor or 
the labor of freedmen or others employed and paid by them, pursuant 
to rules relating thereto, Avliicli may be established under proper au- 
thority. And no goods, wares, or merchandise shall be taken into a 
State declared in insurrection or transported therein, except to and from 
such places and to such monthly amounts as shall have been previously 
agreed upon in writing by the commanding general of the department 
in which such places are situated and an officer designated by the Sec 
retary of the Treasury for that purpose. 



H^ 



76 ACTS OF CONGRESS. 



Sec. 10. And he it further enacted, That all officers and privates of 
the regular and volunteer forces of the United States, and all officers, 
sailors, and marines in the naval service, are hereby prohibited from 
buying or selling, trading, or in any way dealing in the kind or descrip- 
tion of property mentioned in this act, and the act to which this is in 
addition, whereby to receive or expect any profit, benefit, or advantage 
to himself or any other person, directly or indirectly connected with him. 
And it shall be the duty of such officer, private, sailor, or marine, when 
such property shall come into his possession or custody, or within his 
control, to give notice thereof to some agent appointed by virtue of this 
act, and to turn the same over to such agent without delay. Any officer 
of the United States, civil, military, or naval, or any sutler, soldier, 
marine, or other person, who shall violate any provision of this act, or 
who shall take or cause to be taken into a State declared to be in insur- 
rection, or to any other point to be thence taken into such State, or who 
shall transport or sell, or otherwise dispose of therein, any goods, wares, 
or merchandise whatsoever, except in pursuance of license and authority 
of the President, as provided in said fifth section of the act of July 
thirteen, eighteen hundred and sixty-one, aforesaid, and any officer or other 
person aforesaid who shall make any false statement or representation 
upon which license and authority shall be granted for such transporta- 
tion, sale, or other disposition, and any officer or other person aforesaid 
who shall, under any license or authority obtained, wilfully and know- 
ingly transport, sell, or otherwise dispose of any other goods, wares, or 
merchandise than such as are in good faith so licensed and authorized, 
or shall wilfully and knowingly transport, sell, or dispose of the same, 
or any portion thereof, in violation of the terms of such license or au- 
thority, or of any rule or regulation prescribed by the Secretary of the 
Treasury concerning the same, or shall be guilty of any act of embezzle- 
ment, of wilful misappropriation of public or private money or property, 
of keeping false accounts, or of wilfully making any false returns, or of 
any other act amounting to a felony, shall be liable to indictment as for 
a misdemeanor, and fine not exceeding five thousand dollars, and to pun- 
ishment in the penitentiary not exceeding three years, before any court, 
civil or military, competent to try the same. And it shall be the duty 
of the Secretary of the Treasury, from time to time, to institute such 
investigations as may be necessary to detect and prevent frauds and 
abuses in the trade and other transactions contemplated by this act or 
by the acts to which this is supplementary. And the agents making 
such investigations shall have power to compel the attendance of wit- 
nesses, and to make examinations on oath. 

Sec. 11. And he it further enacted, That the Secretary of the Treas- 
ury, with the approval of the President, shall make such rules and regu- 
lations as are necessary to secure the proper and economical execution 
of the provisions of this act, and shall defray all expenses of such exe- 
cution from the proceeds of fees imposed by said rules and regulations, 
of sales of captured and abandoned property, and of sales hereinbefore 
authorized. 

Approved July 2, 1864. 






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